Sen. Christopher Belt

Filed: 1/5/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2685

2    AMENDMENT NO. ______. Amend House Bill 2685 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Economic
5Equity Act.
 
6
Article 1.

 
7    Section 1-1. Short title. This Act may be cited as the
8Employee Background Fairness Act.
 
9    Section 1-5. Definitions. As used in this Act:
10    "Adverse action" means to fail or refuse to hire an
11applicant, to discharge or to not promote any employee, or to
12classify employees in a way that would deprive or tend to
13deprive any individual of employment opportunities.
14    "Applicant" means a person pursuing employment with an

 

 

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1employer.
2    "Conviction" means a judgment of conviction or sentence
3entered upon a plea of guilty or upon a verdict or finding of
4guilty of a criminal offense, rendered by a legally constituted
5jury or by a court in a case without a jury. For purposes of
6this Act, an order of supervision or qualified probation, as
7defined by Section 5.2 of the Criminal Identification Act, that
8has been discharged or dismissed shall not be deemed a
9conviction.
10    "Criminal history record information" means records of
11arrest, complaint, indictment, or any disposition arising
12therefrom.
13    "Criminal history report" means any written, oral, or other
14communication of information that includes criminal history
15record information about a natural person, produced by law
16enforcement or police agencies, courts, a consumer reporting
17agency, or an employment screening agency or business.
18    "Direct relationship" means a consideration of whether the
19employment position offers the opportunity for the same or a
20similar offense to occur and whether circumstances leading to
21the conduct for which the person was convicted will recur in
22the employment position.
23    "Employee" means an individual who receives compensation
24for performing services for an employer under an express or
25implied contract of hire.
26    "Employer" means an individual or entity that permits one

 

 

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1or more individuals to work, accepts applications for
2employment, or is an agent of an employer.
3    "Employment" means any occupation or vocation, including,
4but not limited to, temporary or seasonal work, work through a
5temporary or other employment agency, or any form of vocational
6or educational training program for which an individual
7receives compensation for performing services for an employer
8under an express or implied contract for hire.
 
9    Section 1-10. Use of criminal history record information.
10    (a) An employer may not base an adverse action, in whole or
11in part, against an employee or applicant, based on criminal
12history record information without adhering to the
13requirements of this Act. Unless authorized by law, no inquiry
14or adverse action may be taken, based in whole or in part on:
15        (1) an arrest not leading to conviction;
16        (2) participation in or completion of a diversion or a
17    deferral of judgment program;
18        (3) a conviction that has been vacated or ordered
19    expunged, sealed, or impounded by a court;
20        (4) an adjudication or other information regarding a
21    matter processed through the juvenile court system; or
22        (5) information pertaining to an offense other than a
23    felony or misdemeanor.
24    (b) Before taking any adverse action based, in whole in
25part, on criminal history record information, the employer or

 

 

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1the employer's agent shall provide the applicant or employee a
2written notice that includes:
3        (1) a copy of any criminal history report about the
4    individual obtained by the employer;
5        (2) the specific conviction or convictions that have a
6    direct relationship to the employment sought or for which
7    there is a federal, State, or local law prohibiting the
8    employer from employing or placing the applicant or
9    employee;
10        (3) a clear statement informing the applicant or
11    employee that he or she may provide information to the
12    employer that:
13            (A) the criminal history record information is
14        inaccurate;
15            (B) the criminal history information is prohibited
16        from inquiry or consideration under Section (a); or
17            (C) there are mitigating circumstances that
18        demonstrate the individual's fitness for the position
19        including, but not limited to, activities since the
20        date of the offense and evidence of rehabilitation.
21    An employee or applicant has a period of not less than 7
22days from the date of notice within which the applicant or
23employee may provide to the employer information concerning
24rehabilitation and mitigating circumstances.
25    (c) An employer shall conduct a good faith, individualized
26assessment of any information provided by the applicant or

 

 

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1employee before taking a final adverse action. This assessment
2shall include any evidence of mitigation or rehabilitation
3since the conviction or evidence about the accuracy of criminal
4history record information provided by the applicant or
5employee.
6    (d) An employer must hold the position sought by the
7applicant or employee open until the individual provides
8additional information and the review of that information under
9subsection (c) or until the period of time to provide
10additional information under subsection (c) has passed if no
11information is provided. At or before the time the employer
12fills the position, the employer must provide the applicant or
13employee with a final written determination that includes the
14following:
15        (1) a statement of the employer's final determination;
16        (2) a description of an appeal process, if any; and
17        (3) the earliest date, if any, when the individual may
18    reapply for the position.
 
19    Section 1-15. Retaliatory or discriminatory acts. A person
20shall not retaliate or discriminate against an applicant or
21employee because the person has done or was about to do any of
22the following:
23        (1) File a complaint under this Act.
24        (2) Testify, assist, or participate in an
25    investigation, proceeding, or action concerning a

 

 

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1    violation of this Act.
2        (3) Oppose a violation of this Act.
 
3    Section 1-20. Waiver. An employer shall not require an
4applicant or employee to waive any right under this Act. An
5agreement by an applicant or employee to waive any right under
6this Act is invalid and unenforceable.
 
7    Section 1-25. Remedies for violation of the Act. An
8applicant or employee denied employment or discharged from
9employment because of his or her criminal history in violation
10of this Act may recover from the employer in a civil action:
11        (1) damages in the amount of $2,000 or actual damages,
12    whichever is greater;
13        (2) costs and such reasonable attorney's fees as may be
14    allowed by the court; and
15        (3) any other relief as may be appropriate, including
16    punitive damages.
 
17    Section 1-30. Civil immunity. Except for willful or wanton
18misconduct or when required by law, an employer shall not be
19civilly liable for failure to consider criminal history record
20information of an applicant or employee or for limiting its
21inquiry into an applicant's or employee's criminal history
22pursuant to this Act.
 

 

 

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1
Article 10.

 
2    Section 10-5. The Business Enterprise for Minorities,
3Women, and Persons with Disabilities Act is amended by changing
4Section 4 as follows:
 
5    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
6    (Section scheduled to be repealed on June 30, 2024)
7    Sec. 4. Award of State contracts.
8    (a) Except as provided in subsection (b), not less than 30%
920% of the total dollar amount of State contracts, as defined
10by the Secretary of the Council and approved by the Council,
11shall be established as an aspirational goal to be awarded to
12businesses owned by minorities, women, and persons with
13disabilities; provided, however, that of the total amount of
14all State contracts awarded to businesses owned by minorities,
15women, and persons with disabilities pursuant to this Section,
16contracts representing at least 16% 11% shall be awarded to
17businesses owned by minorities, contracts representing at
18least 10% 7% shall be awarded to women-owned businesses, and
19contracts representing at least 4% 2% shall be awarded to
20businesses owned by persons with disabilities.
21    (a-5) In addition to the aspirational goals in awarding
22State contracts set under subsection (a), the Department of
23Central Management Services shall by rule further establish
24committed diversity aspirational goals for State contracts

 

 

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1awarded to businesses owned by minorities, women, and persons
2with disabilities. Such efforts shall include, but not be
3limited to, further concerted outreach efforts to businesses
4owned by minorities, women, and persons with disabilities.
5    The above percentage relates to the total dollar amount of
6State contracts during each State fiscal year, calculated by
7examining independently each type of contract for each agency
8or public institutions of higher education which lets such
9contracts. Only that percentage of arrangements which
10represents the participation of businesses owned by
11minorities, women, and persons with disabilities on such
12contracts shall be included. State contracts subject to the
13requirements of this Act shall include the requirement that
14only expenditures to businesses owned by minorities, women, and
15persons with disabilities that perform a commercially useful
16function may be counted toward the goals set forth by this Act.
17Contracts shall include a definition of "commercially useful
18function" that is consistent with 49 CFR 26.55(c).
19    (b) Not less than 20% of the total dollar amount of State
20construction contracts is established as an aspirational goal
21to be awarded to businesses owned by minorities, women, and
22persons with disabilities; provided that, contracts
23representing at least 11% of the total dollar amount of State
24construction contracts shall be awarded to businesses owned by
25minorities; contracts representing at least 7% of the total
26dollar amount of State construction contracts shall be awarded

 

 

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1to women-owned businesses; and contracts representing at least
22% of the total dollar amount of State construction contracts
3shall be awarded to businesses owned by persons with
4disabilities.
5    (c) (Blank).
6    (d) Within one year after April 28, 2009 (the effective
7date of Public Act 96-8), the Department of Central Management
8Services shall conduct a social scientific study that measures
9the impact of discrimination on minority and women business
10development in Illinois. Within 18 months after April 28, 2009
11(the effective date of Public Act 96-8), the Department shall
12issue a report of its findings and any recommendations on
13whether to adjust the goals for minority and women
14participation established in this Act. Copies of this report
15and the social scientific study shall be filed with the
16Governor and the General Assembly.
17    By December 1, 2020, the Department of Central Management
18Services shall conduct a new social scientific study that
19measures the impact of discrimination on minority and women
20business development in Illinois. By June 1, 2022, the
21Department shall issue a report of its findings and any
22recommendations on whether to adjust the goals for minority and
23women participation established in this Act. Copies of this
24report and the social scientific study shall be filed with the
25Governor, the Advisory Board, and the General Assembly. By
26December 1, 2022, the Department of Central Management Services

 

 

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1Business Enterprise Program shall develop a model for social
2scientific disparity study sourcing for local governmental
3units to adapt and implement to address regional disparities in
4public procurement.
5    (e) Except as permitted under this Act or as otherwise
6mandated by federal law or regulation, those who submit bids or
7proposals for State contracts subject to the provisions of this
8Act, whose bids or proposals are successful and include a
9utilization plan but that fail to meet the goals set forth in
10subsection (b) of this Section, shall be notified of that
11deficiency and shall be afforded a period not to exceed 10
12calendar days from the date of notification to cure that
13deficiency in the bid or proposal. The deficiency in the bid or
14proposal may only be cured by contracting with additional
15subcontractors who are owned by minorities or women. Any
16increase in cost to a contract for the addition of a
17subcontractor to cure a bid's deficiency shall not affect the
18bid price, shall not be used in the request for an exemption in
19this Act, and in no case shall an identified subcontractor with
20a certification made pursuant to this Act be terminated from
21the contract without the written consent of the State agency or
22public institution of higher education entering into the
23contract.
24    (f) Non-construction solicitations that include Business
25Enterprise Program participation goals shall require bidders
26and offerors to include utilization plans. Utilization plans

 

 

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1are due at the time of bid or offer submission. Failure to
2complete and include a utilization plan, including
3documentation demonstrating good faith effort when requesting
4a waiver, shall render the bid or offer non-responsive.
5(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
6101-601, eff. 1-1-20; revised 10-26-20.)
 
7
Article 20.

 
8    Section 20-5. The Illinois Public Labor Relations Act is
9amended by adding Section 9.5 as follows:
 
10    (5 ILCS 315/9.5 new)
11    Sec. 9.5. Labor organization diverse membership. Any labor
12organization that is selected as the exclusive representative
13of the employees of a bargaining unit and subject to the
14provisions of this Act shall take actions to establish and
15maintain membership that includes Descendants of American
16Slavery that is proportionate to the percentage of such persons
17who are residents of this State, and shall report those actions
18to the Business Enterprise Council for Minorities, Women, and
19Persons with Disabilities. For the purposes of this Section,
20"Descendants of American Slavery" means a person as described
21within the meaning of "minority person" under Section 2 of the
22Business Enterprise for Minorities, Women, and Persons with
23Disabilities Act.
 

 

 

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1    Section 20-10. The Business Enterprise for Minorities,
2Women, and Persons with Disabilities Act is amended by changing
3Sections 2, 4, 4f, 6, 7, and 8f as follows:
 
4    (30 ILCS 575/2)
5    (Section scheduled to be repealed on June 30, 2024)
6    Sec. 2. Definitions.
7    (A) For the purpose of this Act, the following terms shall
8have the following definitions:
9        (1) "Minority person" shall mean a person who is a
10    citizen or lawful permanent resident of the United States
11    and who is any of the following:
12            (a) American Indian or Alaska Native (a person
13        having origins in any of the original peoples of North
14        and South America, including Central America, and who
15        maintains tribal affiliation or community attachment).
16            (b) Asian (a person having origins in any of the
17        original peoples of the Far East, Southeast Asia, or
18        the Indian subcontinent, including, but not limited
19        to, Cambodia, China, India, Japan, Korea, Malaysia,
20        Pakistan, the Philippine Islands, Thailand, and
21        Vietnam).
22            (c) Black or African American (a person having
23        origins in any of the black racial groups of Africa).
24            (c-5) Descendant of American Slavery (a person

 

 

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1        having direct ancestral lineage to victims of slavery
2        in the United States of America).
3            (d) Hispanic or Latino (a person of Cuban, Mexican,
4        Puerto Rican, South or Central American, or other
5        Spanish culture or origin, regardless of race).
6            (e) Native Hawaiian or Other Pacific Islander (a
7        person having origins in any of the original peoples of
8        Hawaii, Guam, Samoa, or other Pacific Islands).
9        (2) "Woman" shall mean a person who is a citizen or
10    lawful permanent resident of the United States and who is
11    of the female gender.
12        (2.05) "Person with a disability" means a person who is
13    a citizen or lawful resident of the United States and is a
14    person qualifying as a person with a disability under
15    subdivision (2.1) of this subsection (A).
16        (2.1) "Person with a disability" means a person with a
17    severe physical or mental disability that:
18            (a) results from:
19            amputation,
20            arthritis,
21            autism,
22            blindness,
23            burn injury,
24            cancer,
25            cerebral palsy,
26            Crohn's disease,

 

 

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1            cystic fibrosis,
2            deafness,
3            head injury,
4            heart disease,
5            hemiplegia,
6            hemophilia,
7            respiratory or pulmonary dysfunction,
8            an intellectual disability,
9            mental illness,
10            multiple sclerosis,
11            muscular dystrophy,
12            musculoskeletal disorders,
13            neurological disorders, including stroke and
14        epilepsy,
15            paraplegia,
16            quadriplegia and other spinal cord conditions,
17            sickle cell anemia,
18            ulcerative colitis,
19            specific learning disabilities, or
20            end stage renal failure disease; and
21            (b) substantially limits one or more of the
22        person's major life activities.
23        Another disability or combination of disabilities may
24    also be considered as a severe disability for the purposes
25    of item (a) of this subdivision (2.1) if it is determined
26    by an evaluation of rehabilitation potential to cause a

 

 

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1    comparable degree of substantial functional limitation
2    similar to the specific list of disabilities listed in item
3    (a) of this subdivision (2.1).
4        (3) "Minority-owned business" means a business which
5    is at least 51% owned by one or more minority persons, or
6    in the case of a corporation, at least 51% of the stock in
7    which is owned by one or more minority persons; and the
8    management and daily business operations of which are
9    controlled by one or more of the minority individuals who
10    own it.
11        (4) "Women-owned business" means a business which is at
12    least 51% owned by one or more women, or, in the case of a
13    corporation, at least 51% of the stock in which is owned by
14    one or more women; and the management and daily business
15    operations of which are controlled by one or more of the
16    women who own it.
17        (4.1) "Business owned by a person with a disability"
18    means a business that is at least 51% owned by one or more
19    persons with a disability and the management and daily
20    business operations of which are controlled by one or more
21    of the persons with disabilities who own it. A
22    not-for-profit agency for persons with disabilities that
23    is exempt from taxation under Section 501 of the Internal
24    Revenue Code of 1986 is also considered a "business owned
25    by a person with a disability".
26        (4.2) "Council" means the Business Enterprise Council

 

 

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1    for Minorities, Women, and Persons with Disabilities
2    created under Section 5 of this Act.
3        (5) "State contracts" means all contracts entered into
4    by the State, any agency or department thereof, or any
5    public institution of higher education, including
6    community college districts, regardless of the source of
7    the funds with which the contracts are paid, which are not
8    subject to federal reimbursement. "State contracts" does
9    not include contracts awarded by a retirement system,
10    pension fund, or investment board subject to Section
11    1-109.1 of the Illinois Pension Code. This definition shall
12    control over any existing definition under this Act or
13    applicable administrative rule.
14        "State construction contracts" means all State
15    contracts entered into by a State agency or public
16    institution of higher education for the repair,
17    remodeling, renovation or construction of a building or
18    structure, or for the construction or maintenance of a
19    highway defined in Article 2 of the Illinois Highway Code.
20        (6) "State agencies" shall mean all departments,
21    officers, boards, commissions, institutions and bodies
22    politic and corporate of the State, but does not include
23    the Board of Trustees of the University of Illinois, the
24    Board of Trustees of Southern Illinois University, the
25    Board of Trustees of Chicago State University, the Board of
26    Trustees of Eastern Illinois University, the Board of

 

 

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1    Trustees of Governors State University, the Board of
2    Trustees of Illinois State University, the Board of
3    Trustees of Northeastern Illinois University, the Board of
4    Trustees of Northern Illinois University, the Board of
5    Trustees of Western Illinois University, municipalities or
6    other local governmental units, or other State
7    constitutional officers.
8        (7) "Public institutions of higher education" means
9    the University of Illinois, Southern Illinois University,
10    Chicago State University, Eastern Illinois University,
11    Governors State University, Illinois State University,
12    Northeastern Illinois University, Northern Illinois
13    University, Western Illinois University, the public
14    community colleges of the State, and any other public
15    universities, colleges, and community colleges now or
16    hereafter established or authorized by the General
17    Assembly.
18        (8) "Certification" means a determination made by the
19    Council or by one delegated authority from the Council to
20    make certifications, or by a State agency with statutory
21    authority to make such a certification, that a business
22    entity is a business owned by a minority, woman, or person
23    with a disability for whatever purpose. A business owned
24    and controlled by women shall be certified as a
25    "woman-owned business". A business owned and controlled by
26    women who are also minorities shall be certified as both a

 

 

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1    "women-owned business" and a "minority-owned business".
2        (9) "Control" means the exclusive or ultimate and sole
3    control of the business including, but not limited to,
4    capital investment and all other financial matters,
5    property, acquisitions, contract negotiations, legal
6    matters, officer-director-employee selection and
7    comprehensive hiring, operating responsibilities,
8    cost-control matters, income and dividend matters,
9    financial transactions and rights of other shareholders or
10    joint partners. Control shall be real, substantial and
11    continuing, not pro forma. Control shall include the power
12    to direct or cause the direction of the management and
13    policies of the business and to make the day-to-day as well
14    as major decisions in matters of policy, management and
15    operations. Control shall be exemplified by possessing the
16    requisite knowledge and expertise to run the particular
17    business and control shall not include simple majority or
18    absentee ownership.
19        (10) "Business" means a business that has annual gross
20    sales of less than $75,000,000 as evidenced by the federal
21    income tax return of the business. A firm with gross sales
22    in excess of this cap may apply to the Council for
23    certification for a particular contract if the firm can
24    demonstrate that the contract would have significant
25    impact on businesses owned by minorities, women, or persons
26    with disabilities as suppliers or subcontractors or in

 

 

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1    employment of minorities, women, or persons with
2    disabilities.
3        (11) "Utilization plan" means a form and additional
4    documentations included in all bids or proposals that
5    demonstrates a vendor's proposed utilization of vendors
6    certified by the Business Enterprise Program to meet the
7    targeted goal. The utilization plan shall demonstrate that
8    the Vendor has either: (1) met the entire contract goal or
9    (2) requested a full or partial waiver and made good faith
10    efforts towards meeting the goal.
11        (12) "Business Enterprise Program" means the Business
12    Enterprise Program of the Department of Central Management
13    Services.
14    (B) When a business is owned at least 51% by any
15combination of minority persons, women, or persons with
16disabilities, even though none of the 3 classes alone holds at
17least a 51% interest, the ownership requirement for purposes of
18this Act is considered to be met. The certification category
19for the business is that of the class holding the largest
20ownership interest in the business. If 2 or more classes have
21equal ownership interests, the certification category shall be
22determined by the business.
23(Source: P.A. 100-391, eff. 8-25-17; 101-601, eff. 1-1-20.)
 
24    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
25    (Section scheduled to be repealed on June 30, 2024)

 

 

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1    Sec. 4. Award of State contracts.
2    (a) Except as provided in subsections subsection (b) and
3(b-5), not less than 20% of the total dollar amount of State
4contracts, as defined by the Secretary of the Council and
5approved by the Council, shall be established as an
6aspirational goal to be awarded to businesses owned by
7minorities, women, and persons with disabilities; provided,
8however, that of the total amount of all State contracts
9awarded to businesses owned by minorities, women, and persons
10with disabilities pursuant to this Section, contracts
11representing at least 11% shall be awarded to businesses owned
12by minorities, contracts representing at least 7% shall be
13awarded to women-owned businesses, and contracts representing
14at least 2% shall be awarded to businesses owned by persons
15with disabilities.
16    The above percentage relates to the total dollar amount of
17State contracts during each State fiscal year, calculated by
18examining independently each type of contract for each agency
19or public institutions of higher education which lets such
20contracts. Only that percentage of arrangements which
21represents the participation of businesses owned by
22minorities, women, and persons with disabilities on such
23contracts shall be included. State contracts subject to the
24requirements of this Act shall include the requirement that
25only expenditures to businesses owned by minorities, women, and
26persons with disabilities that perform a commercially useful

 

 

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1function may be counted toward the goals set forth by this Act.
2Contracts shall include a definition of "commercially useful
3function" that is consistent with 49 CFR 26.55(c).
4    (b) Except as provided in subsection (b-5), not Not less
5than 20% of the total dollar amount of State construction
6contracts is established as an aspirational goal to be awarded
7to businesses owned by minorities, women, and persons with
8disabilities; provided that, contracts representing at least
911% of the total dollar amount of State construction contracts
10shall be awarded to businesses owned by minorities; contracts
11representing at least 7% of the total dollar amount of State
12construction contracts shall be awarded to women-owned
13businesses; and contracts representing at least 2% of the total
14dollar amount of State construction contracts shall be awarded
15to businesses owned by persons with disabilities.
16    (b-5) Notwithstanding the provisions of subsections (a)
17and (b), it shall be established as an aspirational goal to
18award State contracts to businesses owned by Descendants of
19American Slavery in a total dollar amount that is proportionate
20to the percentage of such persons who are residents of this
21State.
22    Those who submit bids or proposals for State contracts
23subject to the provisions of this Act, whose bids or proposals
24are successful, but that fail to meet the goals set forth in
25this subsection (b-5), shall be notified of that deficiency and
26shall be afforded a period not to exceed 10 calendar days from

 

 

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1the date of notification to cure that deficiency in the bid or
2proposal. The deficiency in the bid or proposal may only be
3cured by contracting with additional subcontractors who are
4owned by Descendants of American Slavery. Any increase in cost
5to a contract for the addition of a subcontractor to cure a
6bid's deficiency shall not affect the bid price, shall not be
7used in the request for an exemption in this Act, and in no
8case shall an identified subcontractor with a certification
9made pursuant to this Act be terminated from the contract
10without the written consent of the State agency or public
11institution of higher education entering into the contract.
12    A contractor submitting bids or proposals for State
13contracts subject to the provisions of this Act shall submit a
14plan to the Council outlining its efforts to utilize
15subcontractors owned by Descendants of American Slavery for the
16purposes of fulfilling the goals and requirements established
17under this Act.
18    (c) (Blank).
19    (d) Within one year after April 28, 2009 (the effective
20date of Public Act 96-8), the Department of Central Management
21Services shall conduct a social scientific study that measures
22the impact of discrimination on minority and women business
23development in Illinois. Within 18 months after April 28, 2009
24(the effective date of Public Act 96-8), the Department shall
25issue a report of its findings and any recommendations on
26whether to adjust the goals for minority and women

 

 

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1participation established in this Act. Copies of this report
2and the social scientific study shall be filed with the
3Governor and the General Assembly.
4    By December 1, 2020, the Department of Central Management
5Services shall conduct a new social scientific study that
6measures the impact of discrimination on minority and women
7business development in Illinois. By June 1, 2022, the
8Department shall issue a report of its findings and any
9recommendations on whether to adjust the goals for minority and
10women participation established in this Act. Copies of this
11report and the social scientific study shall be filed with the
12Governor, the Advisory Board, and the General Assembly. By
13December 1, 2022, the Department of Central Management Services
14Business Enterprise Program shall develop a model for social
15scientific disparity study sourcing for local governmental
16units to adapt and implement to address regional disparities in
17public procurement.
18    (e) Except as permitted under this Act or as otherwise
19mandated by federal law or regulation, those who submit bids or
20proposals for State contracts subject to the provisions of this
21Act, whose bids or proposals are successful and include a
22utilization plan but that fail to meet the goals set forth in
23subsection (b) of this Section, shall be notified of that
24deficiency and shall be afforded a period not to exceed 10
25calendar days from the date of notification to cure that
26deficiency in the bid or proposal. The deficiency in the bid or

 

 

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1proposal may only be cured by contracting with additional
2subcontractors who are owned by minorities or women. Any
3increase in cost to a contract for the addition of a
4subcontractor to cure a bid's deficiency shall not affect the
5bid price, shall not be used in the request for an exemption in
6this Act, and in no case shall an identified subcontractor with
7a certification made pursuant to this Act be terminated from
8the contract without the written consent of the State agency or
9public institution of higher education entering into the
10contract.
11    (f) Non-construction solicitations that include Business
12Enterprise Program participation goals shall require bidders
13and offerors to include utilization plans. Utilization plans
14are due at the time of bid or offer submission. Failure to
15complete and include a utilization plan, including
16documentation demonstrating good faith effort when requesting
17a waiver, shall render the bid or offer non-responsive.
18(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
19101-601, eff. 1-1-20; revised 10-26-20.)
 
20    (30 ILCS 575/4f)
21    (Section scheduled to be repealed on June 30, 2024)
22    Sec. 4f. Award of State contracts.
23    (1) It is hereby declared to be the public policy of the
24State of Illinois to promote and encourage each State agency
25and public institution of higher education to use businesses

 

 

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1owned by minorities, women, and persons with disabilities in
2the area of goods and services, including, but not limited to,
3insurance services, investment management services,
4information technology services, accounting services,
5architectural and engineering services, and legal services.
6Furthermore, each State agency and public institution of higher
7education shall utilize such firms to the greatest extent
8feasible within the bounds of financial and fiduciary prudence,
9and take affirmative steps to remove any barriers to the full
10participation of such firms in the procurement and contracting
11opportunities afforded.
12        (a) When a State agency or public institution of higher
13    education, other than a community college, awards a
14    contract for insurance services, for each State agency or
15    public institution of higher education, it shall be the
16    aspirational goal to use insurance brokers owned by
17    minorities, women, and persons with disabilities as
18    defined by this Act, for not less than 20% of the total
19    annual premiums or fees; provided that, contracts
20    representing at least 11% of the total annual premiums or
21    fees shall be awarded to businesses owned by minorities;
22    contracts representing at least 7% of the total annual
23    premiums or fees shall be awarded to women-owned
24    businesses; and contracts representing at least 2% of the
25    total annual premiums or fees shall be awarded to
26    businesses owned by persons with disabilities.

 

 

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1        (a-5) Notwithstanding subsection (a), when a State
2    agency or public institution of higher education awards a
3    contract for insurance services, for each State agency or
4    public institution of higher education, it shall be the
5    aspirational goal to use insurance brokers owned by
6    Descendants of American Slavery in a percentage of the
7    total annual premiums or fees that is proportionate to the
8    percentage of such persons who are residents of this State.
9        (b) When a State agency or public institution of higher
10    education, other than a community college, awards a
11    contract for investment services, for each State agency or
12    public institution of higher education, it shall be the
13    aspirational goal to use emerging investment managers
14    owned by minorities, women, and persons with disabilities
15    as defined by this Act, for not less than 20% of the total
16    funds under management; provided that, contracts
17    representing at least 11% of the total funds under
18    management shall be awarded to businesses owned by
19    minorities; contracts representing at least 7% of the total
20    funds under management shall be awarded to women-owned
21    businesses; and contracts representing at least 2% of the
22    total funds under management shall be awarded to businesses
23    owned by persons with disabilities. Furthermore, it is the
24    aspirational goal that not less than 20% of the direct
25    asset managers of the State funds be minorities, women, and
26    persons with disabilities.

 

 

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1        (b-5) Notwithstanding subsection (b), when a State
2    agency or public institution of higher education awards a
3    contract for investment services, for each State agency or
4    public institution of higher education, it shall be the
5    aspirational goal to use emerging investment managers
6    owned by Descendants of American Slavery in a percentage of
7    the total funds under management that is proportionate to
8    the percentage of such persons who are residents of this
9    State.
10        (c) When a State agency or public institution of higher
11    education, other than a community college, awards
12    contracts for information technology services, accounting
13    services, architectural and engineering services, and
14    legal services, for each State agency and public
15    institution of higher education, it shall be the
16    aspirational goal to use such firms owned by minorities,
17    women, and persons with disabilities as defined by this Act
18    and lawyers who are minorities, women, and persons with
19    disabilities as defined by this Act, for not less than 20%
20    of the total dollar amount of State contracts; provided
21    that, contracts representing at least 11% of the total
22    dollar amount of State contracts shall be awarded to
23    businesses owned by minorities or minority lawyers;
24    contracts representing at least 7% of the total dollar
25    amount of State contracts shall be awarded to women-owned
26    businesses or women who are lawyers; and contracts

 

 

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1    representing at least 2% of the total dollar amount of
2    State contracts shall be awarded to businesses owned by
3    persons with disabilities or persons with disabilities who
4    are lawyers.
5        (c-5) Notwithstanding subsection (c), when a State
6    agency or public institution of higher education awards
7    contracts for information technology services, accounting
8    services, architectural and engineering services, and
9    legal services, for each State agency or public institution
10    of higher education, it shall be the aspirational goal to
11    use such firms owned by Descendants of American Slavery and
12    lawyers who are Descendants of American Slavery in a
13    percentage of the total dollar amount of State contracts
14    that is proportionate to the percentage of such persons who
15    are residents of this State.
16        (d) When a community college awards a contract for
17    insurance services, investment services, information
18    technology services, accounting services, architectural
19    and engineering services, and legal services, it shall be
20    the aspirational goal of each community college to use
21    businesses owned by minorities, women, and persons with
22    disabilities as defined in this Act for not less than 20%
23    of the total amount spent on contracts for these services
24    collectively; provided that, contracts representing at
25    least 11% of the total amount spent on contracts for these
26    services shall be awarded to businesses owned by

 

 

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1    minorities; contracts representing at least 7% of the total
2    amount spent on contracts for these services shall be
3    awarded to women-owned businesses; and contracts
4    representing at least 2% of the total amount spent on
5    contracts for these services shall be awarded to businesses
6    owned by persons with disabilities. When a community
7    college awards contracts for investment services,
8    contracts awarded to investment managers who are not
9    emerging investment managers as defined in this Act shall
10    not be considered businesses owned by minorities, women, or
11    persons with disabilities for the purposes of this Section.
12    (2) As used in this Section:
13        "Accounting services" means the measurement,
14    processing and communication of financial information
15    about economic entities including, but is not limited to,
16    financial accounting, management accounting, auditing,
17    cost containment and auditing services, taxation and
18    accounting information systems.
19        "Architectural and engineering services" means
20    professional services of an architectural or engineering
21    nature, or incidental services, that members of the
22    architectural and engineering professions, and individuals
23    in their employ, may logically or justifiably perform,
24    including studies, investigations, surveying and mapping,
25    tests, evaluations, consultations, comprehensive planning,
26    program management, conceptual designs, plans and

 

 

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1    specifications, value engineering, construction phase
2    services, soils engineering, drawing reviews, preparation
3    of operating and maintenance manuals, and other related
4    services.
5        "Emerging investment manager" means an investment
6    manager or claims consultant having assets under
7    management below $10 billion or otherwise adjudicating
8    claims.
9        "Information technology services" means, but is not
10    limited to, specialized technology-oriented solutions by
11    combining the processes and functions of software,
12    hardware, networks, telecommunications, web designers,
13    cloud developing resellers, and electronics.
14        "Insurance broker" means an insurance brokerage firm,
15    claims administrator, or both, that procures, places all
16    lines of insurance, or administers claims with annual
17    premiums or fees of at least $5,000,000 but not more than
18    $10,000,000.
19        "Legal services" means work performed by a lawyer
20    including, but not limited to, contracts in anticipation of
21    litigation, enforcement actions, or investigations.
22    (3) Each State agency and public institution of higher
23education shall adopt policies that identify its plan and
24implementation procedures for increasing the use of service
25firms owned by minorities, women, and persons with
26disabilities.

 

 

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1    (4) Except as provided in subsection (5), the Council shall
2file no later than March 1 of each year an annual report to the
3Governor, the Bureau on Apprenticeship Programs, and the
4General Assembly. The report filed with the General Assembly
5shall be filed as required in Section 3.1 of the General
6Assembly Organization Act. This report shall: (i) identify the
7service firms used by each State agency and public institution
8of higher education, (ii) identify the actions it has
9undertaken to increase the use of service firms owned by
10minorities, women, and persons with disabilities, including
11encouraging non-minority-owned firms to use other service
12firms owned by minorities, women, and persons with disabilities
13as subcontractors when the opportunities arise, (iii) state any
14recommendations made by the Council to each State agency and
15public institution of higher education to increase
16participation by the use of service firms owned by minorities,
17women, and persons with disabilities, and (iv) include the
18following:
19        (A) For insurance services: the names of the insurance
20    brokers or claims consultants used, the total of risk
21    managed by each State agency and public institution of
22    higher education by insurance brokers, the total
23    commissions, fees paid, or both, the lines or insurance
24    policies placed, and the amount of premiums placed; and the
25    percentage of the risk managed by insurance brokers, the
26    percentage of total commission, fees paid, or both, the

 

 

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1    lines or insurance policies placed, and the amount of
2    premiums placed with each by the insurance brokers owned by
3    minorities, women, and persons with disabilities by each
4    State agency and public institution of higher education.
5        (B) For investment management services: the names of
6    the investment managers used, the total funds under
7    management of investment managers; the total commissions,
8    fees paid, or both; the total and percentage of funds under
9    management of emerging investment managers owned by
10    minorities, women, and persons with disabilities,
11    including the total and percentage of total commissions,
12    fees paid, or both by each State agency and public
13    institution of higher education.
14        (C) The names of service firms, the percentage and
15    total dollar amount paid for professional services by
16    category by each State agency and public institution of
17    higher education.
18        (D) The names of service firms, the percentage and
19    total dollar amount paid for services by category to firms
20    owned by minorities, women, and persons with disabilities
21    by each State agency and public institution of higher
22    education.
23        (E) The total number of contracts awarded for services
24    by category and the total number of contracts awarded to
25    firms owned by minorities, women, and persons with
26    disabilities by each State agency and public institution of

 

 

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1    higher education.
2    (5) For community college districts, the Business
3Enterprise Council shall only report the following information
4for each community college district: (i) the name of the
5community colleges in the district, (ii) the name and contact
6information of a person at each community college appointed to
7be the single point of contact for vendors owned by minorities,
8women, or persons with disabilities, (iii) the policy of the
9community college district concerning certified vendors, (iv)
10the certifications recognized by the community college
11district for determining whether a business is owned or
12controlled by a minority, woman, or person with a disability,
13(v) outreach efforts conducted by the community college
14district to increase the use of certified vendors, (vi) the
15total expenditures by the community college district in the
16prior fiscal year in the divisions of work specified in
17paragraphs (a), (b), and (c) of subsection (1) of this Section
18and the amount paid to certified vendors in those divisions of
19work, and (vii) the total number of contracts entered into for
20the divisions of work specified in paragraphs (a), (b), and (c)
21of subsection (1) of this Section and the total number of
22contracts awarded to certified vendors providing these
23services to the community college district. The Business
24Enterprise Council shall not make any utilization reports under
25this Act for community college districts for Fiscal Year 2015
26and Fiscal Year 2016, but shall make the report required by

 

 

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1this subsection for Fiscal Year 2017 and for each fiscal year
2thereafter. The Business Enterprise Council shall report the
3information in items (i), (ii), (iii), and (iv) of this
4subsection beginning in September of 2016. The Business
5Enterprise Council may collect the data needed to make its
6report from the Illinois Community College Board.
7    (6) The status of the utilization of services shall be
8discussed at each of the regularly scheduled Business
9Enterprise Council meetings. Time shall be allotted for the
10Council to receive, review, and discuss the progress of the use
11of service firms owned by minorities, women, and persons with
12disabilities by each State agency and public institution of
13higher education; and any evidence regarding past or present
14racial, ethnic, or gender-based discrimination which directly
15impacts a State agency or public institution of higher
16education contracting with such firms. If after reviewing such
17evidence the Council finds that there is or has been such
18discrimination against a specific group, race or sex, the
19Council shall establish sheltered markets or adjust existing
20sheltered markets tailored to address the Council's specific
21findings for the divisions of work specified in paragraphs (a),
22(b), and (c) of subsection (1) of this Section.
23(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20.)
 
24    (30 ILCS 575/6)  (from Ch. 127, par. 132.606)
25    (Section scheduled to be repealed on June 30, 2024)

 

 

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1    Sec. 6. Agency compliance plans. Each State agency and
2public institutions of higher education under the jurisdiction
3of this Act shall file with the Council an annual compliance
4plan which shall outline the goals of the State agency or
5public institutions of higher education for contracting with
6businesses owned by minorities, women, and persons with
7disabilities for the then current fiscal year, the manner in
8which the agency intends to reach these goals and a timetable
9for reaching these goals. The Council shall review and approve
10the plan of each State agency and public institutions of higher
11education and may reject any plan that does not comply with
12this Act or any rules or regulations promulgated pursuant to
13this Act.
14    (a) The compliance plan shall also include, but not be
15limited to, (1) a policy statement, signed by the State agency
16or public institution of higher education head, expressing a
17commitment to encourage the use of businesses owned by
18minorities, women, and persons with disabilities, (2) the
19designation of the liaison officer provided for in Section 5 of
20this Act, (3) procedures to distribute to potential contractors
21and vendors the list of all businesses legitimately classified
22as businesses owned by minorities, women, and persons with
23disabilities and so certified under this Act, (4) procedures to
24set separate contract goals on specific prime contracts and
25purchase orders with subcontracting possibilities based upon
26the type of work or services and subcontractor availability,

 

 

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1(5) procedures to assure that contractors and vendors make good
2faith efforts to meet contract goals, (6) procedures for
3contract goal exemption, modification and waiver, and (7) the
4delineation of separate contract goals for businesses owned by
5minorities, women, and persons with disabilities.
6    (b) Approval of the compliance plans shall include such
7delegation of responsibilities to the requesting State agency
8or public institution of higher education as the Council deems
9necessary and appropriate to fulfill the purpose of this Act.
10Such responsibilities may include, but need not be limited to
11those outlined in subsections (1), (2) and (3) of Section 7,
12paragraph (a) of Section 8, and Section 8a of this Act.
13    (c) Each State agency and public institution of higher
14education under the jurisdiction of this Act shall file with
15the Council an annual report of its utilization of businesses
16owned by minorities, women, and persons with disabilities
17during the preceding fiscal year including lapse period
18spending and a mid-fiscal year report of its utilization to
19date for the then current fiscal year. The reports shall
20include a self-evaluation of the efforts of the State agency or
21public institution of higher education to meet its goals under
22the Act.
23    (d) Notwithstanding any provisions to the contrary in this
24Act, any State agency or public institution of higher education
25which administers a construction program, for which federal law
26or regulations establish standards and procedures for the

 

 

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1utilization of minority-owned and women-owned businesses and
2disadvantaged businesses, shall implement a disadvantaged
3business enterprise program to include minority-owned and
4women-owned businesses and disadvantaged businesses, using the
5federal standards and procedures for the establishment of goals
6and utilization procedures for the State-funded, as well as the
7federally assisted, portions of the program. In such cases,
8these goals shall not exceed those established pursuant to the
9relevant federal statutes or regulations. Notwithstanding the
10provisions of Section 8b, the Illinois Department of
11Transportation is authorized to establish sheltered markets
12for the State-funded portions of the program consistent with
13federal law and regulations. Additionally, a compliance plan
14which is filed by such State agency or public institution of
15higher education pursuant to this Act, which incorporates
16equivalent terms and conditions of its federally-approved
17compliance plan, shall be deemed approved under this Act.
18    (e) Each State agency and public institution of higher
19education under the jurisdiction of this Act shall include,
20along with the compliance plan filed with the Council under
21this Section, an annual plan of action to specifically rectify
22the disparity between the representation of Descendants of
23American Slavery in State contracts compared to the percentage
24of such persons who are residents of this State. The plan of
25action shall outline actions to be taken by the State agency to
26increase representation of Descendants of American Slavery in

 

 

10100HB2685sam003- 38 -LRB101 09685 RJF 74543 a

1State contracting, and include the percentage of contracts
2entered into between the State agency and businesses owned by
3Descendants of American Slavery.
4(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
5    (30 ILCS 575/7)  (from Ch. 127, par. 132.607)
6    (Section scheduled to be repealed on June 30, 2024)
7    Sec. 7. Exemptions; waivers; publication of data.
8    (1) Individual contract exemptions. The Council, at the
9written request of the affected agency, public institution of
10higher education, or recipient of a grant or loan of State
11funds of $250,000 or more complying with Section 45 of the
12State Finance Act, may permit an individual contract or
13contract package, (related contracts being bid or awarded
14simultaneously for the same project or improvements) be made
15wholly or partially exempt from State contracting goals for
16businesses owned by minorities, women, and persons with
17disabilities prior to the advertisement for bids or
18solicitation of proposals whenever there has been a
19determination, reduced to writing and based on the best
20information available at the time of the determination, that
21there is an insufficient number of businesses owned by
22minorities, women, and persons with disabilities to ensure
23adequate competition and an expectation of reasonable prices on
24bids or proposals solicited for the individual contract or
25contract package in question. Any such exemptions shall be

 

 

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1given by the Council to the Bureau on Apprenticeship Programs.
2        (a) Written request for contract exemption. A written
3    request for an individual contract exemption must include,
4    but is not limited to, the following:
5            (i) a list of eligible businesses owned by
6        minorities, women, and persons with disabilities;
7            (ii) a clear demonstration that the number of
8        eligible businesses identified in subparagraph (i)
9        above is insufficient to ensure adequate competition;
10            (iii) the difference in cost between the contract
11        proposals being offered by businesses owned by
12        minorities, women, and persons with disabilities and
13        the agency or public institution of higher education's
14        expectations of reasonable prices on bids or proposals
15        within that class; and
16            (iv) a list of eligible businesses owned by
17        minorities, women, and persons with disabilities that
18        the contractor has used in the current and prior fiscal
19        years.
20        (b) Determination. The Council's determination
21    concerning an individual contract exemption must consider,
22    at a minimum, the following:
23            (i) the justification for the requested exemption,
24        including whether diligent efforts were undertaken to
25        identify and solicit eligible businesses owned by
26        minorities, women, and persons with disabilities;

 

 

10100HB2685sam003- 40 -LRB101 09685 RJF 74543 a

1            (ii) the total number of exemptions granted to the
2        affected agency, public institution of higher
3        education, or recipient of a grant or loan of State
4        funds of $250,000 or more complying with Section 45 of
5        the State Finance Act that have been granted by the
6        Council in the current and prior fiscal years; and
7            (iii) the percentage of contracts awarded by the
8        agency or public institution of higher education to
9        eligible businesses owned by minorities, women, and
10        persons with disabilities in the current and prior
11        fiscal years.
12    (2) Class exemptions.
13        (a) Creation. The Council, at the written request of
14    the affected agency or public institution of higher
15    education, may permit an entire class of contracts be made
16    exempt from State contracting goals for businesses owned by
17    minorities, women, and persons with disabilities whenever
18    there has been a determination, reduced to writing and
19    based on the best information available at the time of the
20    determination, that there is an insufficient number of
21    qualified businesses owned by minorities, women, and
22    persons with disabilities to ensure adequate competition
23    and an expectation of reasonable prices on bids or
24    proposals within that class. Any such exemption shall be
25    given by the Council to the Bureau on Apprenticeship
26    Programs.

 

 

10100HB2685sam003- 41 -LRB101 09685 RJF 74543 a

1        (a-1) Written request for class exemption. A written
2    request for a class exemption must include, but is not
3    limited to, the following:
4            (i) a list of eligible businesses owned by
5        minorities, women, and persons with disabilities;
6            (ii) a clear demonstration that the number of
7        eligible businesses identified in subparagraph (i)
8        above is insufficient to ensure adequate competition;
9            (iii) the difference in cost between the contract
10        proposals being offered by eligible businesses owned
11        by minorities, women, and persons with disabilities
12        and the agency or public institution of higher
13        education's expectations of reasonable prices on bids
14        or proposals within that class; and
15            (iv) the number of class exemptions the affected
16        agency or public institution of higher education
17        requested in the current and prior fiscal years.
18        (a-2) Determination. The Council's determination
19    concerning class exemptions must consider, at a minimum,
20    the following:
21            (i) the justification for the requested exemption,
22        including whether diligent efforts were undertaken to
23        identify and solicit eligible businesses owned by
24        minorities, women, and persons with disabilities;
25            (ii) the total number of class exemptions granted
26        to the requesting agency or public institution of

 

 

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1        higher education that have been granted by the Council
2        in the current and prior fiscal years; and
3            (iii) the percentage of contracts awarded by the
4        agency or public institution of higher education to
5        eligible businesses owned by minorities, women, and
6        persons with disabilities the current and prior fiscal
7        years.
8        (b) Limitation. Any such class exemption shall not be
9    permitted for a period of more than one year at a time.
10    (3) Waivers. Where a particular contract requires a
11contractor to meet a goal established pursuant to this Act, the
12contractor shall have the right to request a waiver from such
13requirements. Except as otherwise provided in this Section, the
14The Council shall grant the waiver where the contractor
15demonstrates that there has been made a good faith effort to
16comply with the goals for participation by businesses owned by
17minorities, women, and persons with disabilities. Any such
18waiver shall also be transmitted in writing to the Bureau on
19Apprenticeship Programs.
20        (a) Request for waiver. A contractor's request for a
21    waiver under this subsection (3) must include, but is not
22    limited to, the following, if available:
23            (i) a list of eligible businesses owned by
24        minorities, women, and persons with disabilities that
25        pertain to the class of contracts in the requested
26        waiver;

 

 

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1            (ii) a clear demonstration that the number of
2        eligible businesses identified in subparagraph (i)
3        above is insufficient to ensure competition;
4            (iii) the difference in cost between the contract
5        proposals being offered by businesses owned by
6        minorities, women, and persons with disabilities and
7        the agency or the public institution of higher
8        education's expectations of reasonable prices on bids
9        or proposals within that class; and
10            (iv) a list of businesses owned by minorities,
11        women, and persons with disabilities that the
12        contractor has used in the current and prior fiscal
13        years.
14        (b) Determination. The Council's determination
15    concerning waivers must include following:
16            (i) the justification for the requested waiver,
17        including whether the requesting contractor made a
18        good faith effort to identify and solicit eligible
19        businesses owned by minorities, women, and persons
20        with disabilities;
21            (ii) the total number of waivers the contractor has
22        been granted by the Council in the current and prior
23        fiscal years;
24            (iii) the percentage of contracts awarded by the
25        agency or public institution of higher education to
26        eligible businesses owned by minorities, women, and

 

 

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1        persons with disabilities in the current and prior
2        fiscal years; and
3            (iv) the contractor's use of businesses owned by
4        minorities, women, and persons with disabilities in
5        the current and prior fiscal years.
6        (c) Contract value. Any waiver request submitted under
7    this Section for which the contract has a total dollar
8    amount valued between $100,000 and $999,000 must be
9    approved by the Council. Any contract request submitted
10    under this Section for which the contract has a total
11    dollar amount valued at $1,000,000 or more must be approved
12    by the General Assembly.
13    (3.5) (Blank).
14    (4) Conflict with other laws. In the event that any State
15contract, which otherwise would be subject to the provisions of
16this Act, is or becomes subject to federal laws or regulations
17which conflict with the provisions of this Act or actions of
18the State taken pursuant hereto, the provisions of the federal
19laws or regulations shall apply and the contract shall be
20interpreted and enforced accordingly.
21    (5) Each chief procurement officer, as defined in the
22Illinois Procurement Code, shall maintain on his or her
23official Internet website a database of the following: (i)
24waivers granted under this Section with respect to contracts
25under his or her jurisdiction; (ii) a State agency or public
26institution of higher education's written request for an

 

 

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1exemption of an individual contract or an entire class of
2contracts; and (iii) the Council's written determination
3granting or denying a request for an exemption of an individual
4contract or an entire class of contracts. The database, which
5shall be updated periodically as necessary, shall be searchable
6by contractor name and by contracting State agency.
7    (6) Each chief procurement officer, as defined by the
8Illinois Procurement Code, shall maintain on its website a list
9of all firms that have been prohibited from bidding, offering,
10or entering into a contract with the State of Illinois as a
11result of violations of this Act.
12    Each public notice required by law of the award of a State
13contract shall include for each bid or offer submitted for that
14contract the following: (i) the bidder's or offeror's name,
15(ii) the bid amount, (iii) the name or names of the certified
16firms identified in the bidder's or offeror's submitted
17utilization plan, and (iv) the bid's amount and percentage of
18the contract awarded to businesses owned by minorities, women,
19and persons with disabilities identified in the utilization
20plan.
21(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
22101-601, eff. 1-1-20.)
 
23    (30 ILCS 575/8f)
24    (Section scheduled to be repealed on June 30, 2024)
25    Sec. 8f. Annual report. The Council shall file no later

 

 

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1than March 1 of each year, an annual report that shall detail
2the level of achievement toward the goals specified in this Act
3over the 3 most recent fiscal years. The annual report shall
4include, but need not be limited to the following:
5        (1) a summary detailing expenditures subject to the
6    goals, the actual goals specified, and the goals attained
7    by each State agency and public institution of higher
8    education;
9        (2) a summary of the number of contracts awarded and
10    the average contract amount by each State agency and public
11    institution of higher education;
12        (3) an analysis of the level of overall goal
13    achievement concerning purchases from minority-owned
14    businesses, women-owned businesses, and businesses owned
15    by persons with disabilities;
16        (4) an analysis of the number of businesses owned by
17    minorities, women, and persons with disabilities that are
18    certified under the program as well as the number of those
19    businesses that received State procurement contracts; and
20        (5) a summary of the number of contracts awarded to
21    businesses with annual gross sales of less than $1,000,000;
22    of $1,000,000 or more, but less than $5,000,000; of
23    $5,000,000 or more, but less than $10,000,000; and of
24    $10,000,000 or more; and .
25        (6) a summary detailing the disparity between the
26    representation of Descendants of American Slavery in State

 

 

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1    contracts compared to the percentage of such persons who
2    are residents of this State, and a summary of the efforts
3    to eliminate that disparity based upon the requirements of
4    this Act.
5(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
6
Article 25.

 
7    Section 25-5. The Illinois Procurement Code is amended by
8changing Sections 20-15, 20-60, and 35-30 and by adding Section
950-85 as follows:
 
10    (30 ILCS 500/20-15)
11    Sec. 20-15. Competitive sealed proposals.
12    (a) Conditions for use. When provided under this Code or
13under rules, or when the purchasing agency determines in
14writing that the use of competitive sealed bidding is either
15not practicable or not advantageous to the State, a contract
16may be entered into by competitive sealed proposals.
17    (b) Request for proposals. Proposals shall be solicited
18through a request for proposals.
19    (c) Public notice. Public notice of the request for
20proposals shall be published in the Illinois Procurement
21Bulletin at least 14 calendar days before the date set in the
22invitation for the opening of proposals.
23    (d) Receipt of proposals. Proposals shall be opened

 

 

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1publicly or via an electronic procurement system in the
2presence of one or more witnesses at the time and place
3designated in the request for proposals, but proposals shall be
4opened in a manner to avoid disclosure of contents to competing
5offerors during the process of negotiation. A record of
6proposals shall be prepared and shall be open for public
7inspection after contract award.
8    (e) Evaluation factors. The requests for proposals shall
9state the relative importance of price and other evaluation
10factors. Proposals shall be submitted in 2 parts: the first,
11covering items except price; and the second, commitment to
12diversity; and the third, all other items. Each part of all
13proposals shall be evaluated and ranked independently of the
14other parts of all proposals. The results of the evaluation of
15all 3 parts shall be used in ranking of proposals covering
16price. The first part of all proposals shall be evaluated and
17ranked independently of the second part of all proposals.
18    (e-5) Method of scoring.
19        (1) The point scoring methodology for competitive
20    sealed proposals shall provide points for commitment to
21    diversity. Those points shall be equivalent to 20% of the
22    points assigned to the third part of the proposal, all
23    other items.
24        (2) Factors to be considered in the award of these
25    points shall be set by rule by the applicable chief
26    procurement officer and may include, but are not limited

 

 

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1    to:
2            (A) whether or how well the respondent, on the
3        solicitation being evaluated, met the goal of
4        contracting or subcontracting with businesses owned by
5        women, minorities, or persons with disabilities;
6            (B) whether the respondent, on the solicitation
7        being evaluated, assisted businesses owned by women,
8        minorities, or persons with disabilities in obtaining
9        lines of credit, insurance, necessary equipment,
10        supplies, materials, or related assistance or
11        services;
12            (C) the percentage of prior year revenues of the
13        respondent that involve businesses owned by women,
14        minorities, or persons with disabilities;
15            (D) whether the respondent has a written supplier
16        diversity program, including, but not limited to, use
17        of diversity vendors in the supply chain and a training
18        or mentoring program with businesses owned by women,
19        minorities, or persons with disabilities; and
20            (E) the percentage of members of the respondent's
21        governing board, senior executives, and managers who
22        are women, minorities, or persons with disabilities.
23        (3) If any State agency or public institution of higher
24    education contract is eligible to be paid for or
25    reimbursed, in whole or in part, with federal-aid funds,
26    grants, or loans, and the provisions of this subsection

 

 

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1    (e-5) would result in the loss of those federal-aid funds,
2    grants, or loans, then the contract is exempt from the
3    provisions of this Section in order to remain eligible for
4    those federal-aid funds, grants, or loans. For the purposes
5    of this subsection (e-5):
6        "Manager" means a person who controls or administers
7    all or part of a company or similar organization.
8        "Minorities" has the same meaning as "minority person"
9    under Section 2 of the Business Enterprise for Minorities,
10    Women, and Persons with Disabilities Act.
11        "Persons with disabilities" has the same meaning as
12    "person with a disability" under Section 2 of the Business
13    Enterprise for Minorities, Women, and Persons with
14    Disabilities Act.
15        "Senior executive" means the chief executive officer,
16    chief operating officer, chief financial officer, or
17    anyone else in charge of a principal business unit or
18    function.
19        "Women" has the same meaning as "woman" under Section 2
20    of the Business Enterprise for Minorities, Women, and
21    Persons with Disabilities Act.
22    (f) Discussion with responsible offerors and revisions of
23offers or proposals. As provided in the request for proposals
24and under rules, discussions may be conducted with responsible
25offerors who submit offers or proposals determined to be
26reasonably susceptible of being selected for award for the

 

 

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1purpose of clarifying and assuring full understanding of and
2responsiveness to the solicitation requirements. Those
3offerors shall be accorded fair and equal treatment with
4respect to any opportunity for discussion and revision of
5proposals. Revisions may be permitted after submission and
6before award for the purpose of obtaining best and final
7offers. In conducting discussions there shall be no disclosure
8of any information derived from proposals submitted by
9competing offerors. If information is disclosed to any offeror,
10it shall be provided to all competing offerors.
11    (g) Award. Awards shall be made to the responsible offeror
12whose proposal is determined in writing to be the most
13advantageous to the State, taking into consideration price and
14the evaluation factors set forth in the request for proposals.
15The contract file shall contain the basis on which the award is
16made.
17(Source: P.A. 100-43, eff. 8-9-17.)
 
18    (30 ILCS 500/20-60)
19    Sec. 20-60. Duration of contracts.
20    (a) Maximum duration. A contract may be entered into for
21any period of time deemed to be in the best interests of the
22State but not exceeding 10 years inclusive, beginning January
231, 2010, of proposed contract renewals. Third parties may lease
24State-owned dark fiber networks for any period of time deemed
25to be in the best interest of the State, but not exceeding 20

 

 

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1years. The length of a lease for real property or capital
2improvements shall be in accordance with the provisions of
3Section 40-25. The length of energy conservation program
4contracts or energy savings contracts or leases shall be in
5accordance with the provisions of Section 25-45. A contract for
6bond or mortgage insurance awarded by the Illinois Housing
7Development Authority, however, may be entered into for any
8period of time less than or equal to the maximum period of time
9that the subject bond or mortgage may remain outstanding.
10    (b) Subject to appropriation. All contracts made or entered
11into shall recite that they are subject to termination and
12cancellation in any year for which the General Assembly fails
13to make an appropriation to make payments under the terms of
14the contract.
15    (c) The chief procurement officer shall file a proposed
16extension or renewal of a contract with the Procurement Policy
17Board prior to entering into any extension or renewal if the
18cost associated with the extension or renewal exceeds $249,999.
19The Procurement Policy Board may object to the proposed
20extension or renewal within 30 calendar days and require a
21hearing before the Board prior to entering into the extension
22or renewal. If the Procurement Policy Board does not object
23within 30 calendar days or takes affirmative action to
24recommend the extension or renewal, the chief procurement
25officer may enter into the extension or renewal of a contract.
26This subsection does not apply to any emergency procurement,

 

 

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1any procurement under Article 40, or any procurement exempted
2by Section 1-10(b) of this Code. If any State agency contract
3is paid for in whole or in part with federal-aid funds, grants,
4or loans and the provisions of this subsection would result in
5the loss of those federal-aid funds, grants, or loans, then the
6contract is exempt from the provisions of this subsection in
7order to remain eligible for those federal-aid funds, grants,
8or loans, and the State agency shall file notice of this
9exemption with the Procurement Policy Board prior to entering
10into the proposed extension or renewal. Nothing in this
11subsection permits a chief procurement officer to enter into an
12extension or renewal in violation of subsection (a). By August
131 each year, the Procurement Policy Board shall file a report
14with the General Assembly identifying for the previous fiscal
15year (i) the proposed extensions or renewals that were filed
16with the Board and whether the Board objected and (ii) the
17contracts exempt from this subsection.
18    (d) Notwithstanding the provisions of subsection (a) of
19this Section, the Department of Innovation and Technology may
20enter into leases for dark fiber networks for any period of
21time deemed to be in the best interests of the State but not
22exceeding 20 years inclusive. The Department of Innovation and
23Technology may lease dark fiber networks from third parties
24only for the primary purpose of providing services (i) to the
25offices of Governor, Lieutenant Governor, Attorney General,
26Secretary of State, Comptroller, or Treasurer and State

 

 

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1agencies, as defined under Section 5-15 of the Civil
2Administrative Code of Illinois or (ii) for anchor
3institutions, as defined in Section 7 of the Illinois Century
4Network Act. Dark fiber network lease contracts shall be
5subject to all other provisions of this Code and any applicable
6rules or requirements, including, but not limited to,
7publication of lease solicitations, use of standard State
8contracting terms and conditions, and approval of vendor
9certifications and financial disclosures.
10    (e) As used in this Section, "dark fiber network" means a
11network of fiber optic cables laid but currently unused by a
12third party that the third party is leasing for use as network
13infrastructure.
14    (f) No vendor shall be eligible for renewal of a contract
15when that vendor has failed to meet the goals agreed to in the
16vendor's utilization plan unless the State agency has
17determined that the vendor made good faith efforts toward
18meeting the contract goals and has issued a waiver or that
19vendor is not otherwise excused from compliance by the chief
20procurement officer in consultation with the purchasing State
21Agency. The form and content of the waiver shall be prescribed
22by each chief procurement officer who shall maintain on his or
23her official website a database of waivers granted under this
24Section with respect to contracts under his or her
25jurisdiction. The database shall be updated periodically and
26shall be searchable by contractor name and by contracting State

 

 

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1agency or public institution of higher education.
2(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
3101-81, eff. 7-12-19.)
 
4    (30 ILCS 500/35-30)
5    Sec. 35-30. Awards.
6    (a) All State contracts for professional and artistic
7services, except as provided in this Section, shall be awarded
8using the competitive request for proposal process outlined in
9this Section.The scoring for requests for proposals shall
10include the commitment to diversity factors and methodology
11described in subsection (e-5) of Section 20-15.
12    (b) For each contract offered, the chief procurement
13officer, State purchasing officer, or his or her designee shall
14use the appropriate standard solicitation forms available from
15the chief procurement officer for matters other than
16construction or the higher education chief procurement
17officer.
18    (c) Prepared forms shall be submitted to the chief
19procurement officer for matters other than construction or the
20higher education chief procurement officer, whichever is
21appropriate, for publication in its Illinois Procurement
22Bulletin and circulation to the chief procurement officer for
23matters other than construction or the higher education chief
24procurement officer's list of prequalified vendors. Notice of
25the offer or request for proposal shall appear at least 14

 

 

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1calendar days before the response to the offer is due.
2    (d) All interested respondents shall return their
3responses to the chief procurement officer for matters other
4than construction or the higher education chief procurement
5officer, whichever is appropriate, which shall open and record
6them. The chief procurement officer for matters other than
7construction or higher education chief procurement officer
8then shall forward the responses, together with any information
9it has available about the qualifications and other State work
10of the respondents.
11    (e) After evaluation, ranking, and selection, the
12responsible chief procurement officer, State purchasing
13officer, or his or her designee shall notify the chief
14procurement officer for matters other than construction or the
15higher education chief procurement officer, whichever is
16appropriate, of the successful respondent and shall forward a
17copy of the signed contract for the chief procurement officer
18for matters other than construction or higher education chief
19procurement officer's file. The chief procurement officer for
20matters other than construction or higher education chief
21procurement officer shall publish the names of the responsible
22procurement decision-maker, the agency letting the contract,
23the successful respondent, a contract reference, and value of
24the let contract in the next appropriate volume of the Illinois
25Procurement Bulletin.
26    (f) For all professional and artistic contracts with

 

 

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1annualized value that exceeds $100,000, evaluation and ranking
2by price are required. Any chief procurement officer or State
3purchasing officer, but not their designees, may select a
4respondent other than the lowest respondent by price. In any
5case, when the contract exceeds the $100,000 threshold and the
6lowest respondent is not selected, the chief procurement
7officer or the State purchasing officer shall forward together
8with the contract notice of who the low respondent by price was
9and a written decision as to why another was selected to the
10chief procurement officer for matters other than construction
11or the higher education chief procurement officer, whichever is
12appropriate. The chief procurement officer for matters other
13than construction or higher education chief procurement
14officer shall publish as provided in subsection (e) of Section
1535-30, but shall include notice of the chief procurement
16officer's or State purchasing officer's written decision.
17    (g) The chief procurement officer for matters other than
18construction and higher education chief procurement officer
19may each refine, but not contradict, this Section by
20promulgating rules for submission to the Procurement Policy
21Board and then to the Joint Committee on Administrative Rules.
22Any refinement shall be based on the principles and procedures
23of the federal Architect-Engineer Selection Law, Public Law
2492-582 Brooks Act, and the Architectural, Engineering, and Land
25Surveying Qualifications Based Selection Act; except that
26pricing shall be an integral part of the selection process.

 

 

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1(Source: P.A. 100-43, eff. 8-9-17.)
 
2    (30 ILCS 500/50-85 new)
3    Sec. 50-85. Diversity training.(a) Each chief procurement
4officer, State purchasing officer, procurement compliance
5monitor, applicable support staff of each chief procurement
6officer, State agency purchasing and contracting staff, those
7identified under subsection (c) of Section 5-45 of the State
8Officials and Employees Ethics Act who have the authority to
9participate personally and substantially in the award of State
10contracts, and any other State agency staff with substantial
11procurement and contracting responsibilities as determined by
12the chief procurement officer, in consultation with the State
13agency, shall complete annual training for diversity and
14inclusion. Each chief procurement officer shall prescribe the
15program of diversity and inclusion training appropriate for
16each chief procurement officer's jurisdiction.
 
17    Section 25-10. The Business Enterprise for Minorities,
18Women, and Persons with Disabilities Act is amended by changing
19Sections 4f and 6 as follows:
 
20    (30 ILCS 575/4f)
21    (Section scheduled to be repealed on June 30, 2024)
22    Sec. 4f. Award of State contracts.
23    (1) It is hereby declared to be the public policy of the

 

 

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1State of Illinois to promote and encourage each State agency
2and public institution of higher education to use businesses
3owned by minorities, women, and persons with disabilities in
4the area of goods and services, including, but not limited to,
5insurance services, investment management services,
6information technology services, accounting services,
7architectural and engineering services, and legal services.
8Furthermore, each State agency and public institution of higher
9education shall utilize such firms to the greatest extent
10feasible within the bounds of financial and fiduciary prudence,
11and take affirmative steps to remove any barriers to the full
12participation of such firms in the procurement and contracting
13opportunities afforded.
14        (a) When a State agency or public institution of higher
15    education, other than a community college, awards a
16    contract for insurance services, for each State agency or
17    public institution of higher education, it shall be the
18    aspirational goal to use insurance brokers owned by
19    minorities, women, and persons with disabilities as
20    defined by this Act, for not less than 20% of the total
21    annual premiums or fees; provided that, contracts
22    representing at least 11% of the total annual premiums or
23    fees shall be awarded to businesses owned by minorities;
24    contracts representing at least 7% of the total annual
25    premiums or fees shall be awarded to women-owned
26    businesses; and contracts representing at least 2% of the

 

 

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1    total annual premiums or fees shall be awarded to
2    businesses owned by persons with disabilities.
3        (b) When a State agency or public institution of higher
4    education, other than a community college, awards a
5    contract for investment services, for each State agency or
6    public institution of higher education, it shall be the
7    aspirational goal to use emerging investment managers
8    owned by minorities, women, and persons with disabilities
9    as defined by this Act, for not less than 20% of the total
10    funds under management; provided that, contracts
11    representing at least 11% of the total funds under
12    management shall be awarded to businesses owned by
13    minorities; contracts representing at least 7% of the total
14    funds under management shall be awarded to women-owned
15    businesses; and contracts representing at least 2% of the
16    total funds under management shall be awarded to businesses
17    owned by persons with disabilities. Furthermore, it is the
18    aspirational goal that not less than 20% of the direct
19    asset managers of the State funds be minorities, women, and
20    persons with disabilities.
21        (c) When a State agency or public institution of higher
22    education, other than a community college, awards
23    contracts for information technology services, accounting
24    services, architectural and engineering services, and
25    legal services, for each State agency and public
26    institution of higher education, it shall be the

 

 

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1    aspirational goal to use such firms owned by minorities,
2    women, and persons with disabilities as defined by this Act
3    and lawyers who are minorities, women, and persons with
4    disabilities as defined by this Act, for not less than 20%
5    of the total dollar amount of State contracts; provided
6    that, contracts representing at least 11% of the total
7    dollar amount of State contracts shall be awarded to
8    businesses owned by minorities or minority lawyers;
9    contracts representing at least 7% of the total dollar
10    amount of State contracts shall be awarded to women-owned
11    businesses or women who are lawyers; and contracts
12    representing at least 2% of the total dollar amount of
13    State contracts shall be awarded to businesses owned by
14    persons with disabilities or persons with disabilities who
15    are lawyers.
16        (d) When a community college awards a contract for
17    insurance services, investment services, information
18    technology services, accounting services, architectural
19    and engineering services, and legal services, it shall be
20    the aspirational goal of each community college to use
21    businesses owned by minorities, women, and persons with
22    disabilities as defined in this Act for not less than 20%
23    of the total amount spent on contracts for these services
24    collectively; provided that, contracts representing at
25    least 11% of the total amount spent on contracts for these
26    services shall be awarded to businesses owned by

 

 

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1    minorities; contracts representing at least 7% of the total
2    amount spent on contracts for these services shall be
3    awarded to women-owned businesses; and contracts
4    representing at least 2% of the total amount spent on
5    contracts for these services shall be awarded to businesses
6    owned by persons with disabilities. When a community
7    college awards contracts for investment services,
8    contracts awarded to investment managers who are not
9    emerging investment managers as defined in this Act shall
10    not be considered businesses owned by minorities, women, or
11    persons with disabilities for the purposes of this Section.
12        (e) When a State agency or public institution of higher
13    education issues competitive solicitations and the award
14    history for a service or supply category shows awards to a
15    class of business owners that are underrepresented, the
16    Council shall determine the reason for the disparity and
17    shall identify potential and appropriate methods to
18    minimize or eliminate the cause for the disparity.
19        If any State agency or public institution of higher
20    education contract is eligible to be paid for or
21    reimbursed, in whole or in part, with federal-aid funds,
22    grants, or loans, and the provisions of this paragraph (e)
23    would result in the loss of those federal-aid funds,
24    grants, or loans, then the contract is exempt from the
25    provisions of this paragraph (e) in order to remain
26    eligible for those federal-aid funds, grants, or loans.

 

 

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1    (2) As used in this Section:
2        "Accounting services" means the measurement,
3    processing and communication of financial information
4    about economic entities including, but is not limited to,
5    financial accounting, management accounting, auditing,
6    cost containment and auditing services, taxation and
7    accounting information systems.
8        "Architectural and engineering services" means
9    professional services of an architectural or engineering
10    nature, or incidental services, that members of the
11    architectural and engineering professions, and individuals
12    in their employ, may logically or justifiably perform,
13    including studies, investigations, surveying and mapping,
14    tests, evaluations, consultations, comprehensive planning,
15    program management, conceptual designs, plans and
16    specifications, value engineering, construction phase
17    services, soils engineering, drawing reviews, preparation
18    of operating and maintenance manuals, and other related
19    services.
20        "Emerging investment manager" means an investment
21    manager or claims consultant having assets under
22    management below $10 billion or otherwise adjudicating
23    claims.
24        "Information technology services" means, but is not
25    limited to, specialized technology-oriented solutions by
26    combining the processes and functions of software,

 

 

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1    hardware, networks, telecommunications, web designers,
2    cloud developing resellers, and electronics.
3        "Insurance broker" means an insurance brokerage firm,
4    claims administrator, or both, that procures, places all
5    lines of insurance, or administers claims with annual
6    premiums or fees of at least $5,000,000 but not more than
7    $10,000,000.
8        "Legal services" means work performed by a lawyer
9    including, but not limited to, contracts in anticipation of
10    litigation, enforcement actions, or investigations.
11    (3) Each State agency and public institution of higher
12education shall adopt policies that identify its plan and
13implementation procedures for increasing the use of service
14firms owned by minorities, women, and persons with
15disabilities.
16    (4) Except as provided in subsection (5), the Council shall
17file no later than March 1 of each year an annual report to the
18Governor, the Bureau on Apprenticeship Programs, and the
19General Assembly. The report filed with the General Assembly
20shall be filed as required in Section 3.1 of the General
21Assembly Organization Act. This report shall: (i) identify the
22service firms used by each State agency and public institution
23of higher education, (ii) identify the actions it has
24undertaken to increase the use of service firms owned by
25minorities, women, and persons with disabilities, including
26encouraging non-minority-owned firms to use other service

 

 

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1firms owned by minorities, women, and persons with disabilities
2as subcontractors when the opportunities arise, (iii) state any
3recommendations made by the Council to each State agency and
4public institution of higher education to increase
5participation by the use of service firms owned by minorities,
6women, and persons with disabilities, and (iv) include the
7following:
8        (A) For insurance services: the names of the insurance
9    brokers or claims consultants used, the total of risk
10    managed by each State agency and public institution of
11    higher education by insurance brokers, the total
12    commissions, fees paid, or both, the lines or insurance
13    policies placed, and the amount of premiums placed; and the
14    percentage of the risk managed by insurance brokers, the
15    percentage of total commission, fees paid, or both, the
16    lines or insurance policies placed, and the amount of
17    premiums placed with each by the insurance brokers owned by
18    minorities, women, and persons with disabilities by each
19    State agency and public institution of higher education.
20        (B) For investment management services: the names of
21    the investment managers used, the total funds under
22    management of investment managers; the total commissions,
23    fees paid, or both; the total and percentage of funds under
24    management of emerging investment managers owned by
25    minorities, women, and persons with disabilities,
26    including the total and percentage of total commissions,

 

 

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1    fees paid, or both by each State agency and public
2    institution of higher education.
3        (C) The names of service firms, the percentage and
4    total dollar amount paid for professional services by
5    category by each State agency and public institution of
6    higher education.
7        (D) The names of service firms, the percentage and
8    total dollar amount paid for services by category to firms
9    owned by minorities, women, and persons with disabilities
10    by each State agency and public institution of higher
11    education.
12        (E) The total number of contracts awarded for services
13    by category and the total number of contracts awarded to
14    firms owned by minorities, women, and persons with
15    disabilities by each State agency and public institution of
16    higher education.
17    (5) For community college districts, the Business
18Enterprise Council shall only report the following information
19for each community college district: (i) the name of the
20community colleges in the district, (ii) the name and contact
21information of a person at each community college appointed to
22be the single point of contact for vendors owned by minorities,
23women, or persons with disabilities, (iii) the policy of the
24community college district concerning certified vendors, (iv)
25the certifications recognized by the community college
26district for determining whether a business is owned or

 

 

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1controlled by a minority, woman, or person with a disability,
2(v) outreach efforts conducted by the community college
3district to increase the use of certified vendors, (vi) the
4total expenditures by the community college district in the
5prior fiscal year in the divisions of work specified in
6paragraphs (a), (b), and (c) of subsection (1) of this Section
7and the amount paid to certified vendors in those divisions of
8work, and (vii) the total number of contracts entered into for
9the divisions of work specified in paragraphs (a), (b), and (c)
10of subsection (1) of this Section and the total number of
11contracts awarded to certified vendors providing these
12services to the community college district. The Business
13Enterprise Council shall not make any utilization reports under
14this Act for community college districts for Fiscal Year 2015
15and Fiscal Year 2016, but shall make the report required by
16this subsection for Fiscal Year 2017 and for each fiscal year
17thereafter. The Business Enterprise Council shall report the
18information in items (i), (ii), (iii), and (iv) of this
19subsection beginning in September of 2016. The Business
20Enterprise Council may collect the data needed to make its
21report from the Illinois Community College Board.
22    (6) The status of the utilization of services shall be
23discussed at each of the regularly scheduled Business
24Enterprise Council meetings. Time shall be allotted for the
25Council to receive, review, and discuss the progress of the use
26of service firms owned by minorities, women, and persons with

 

 

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1disabilities by each State agency and public institution of
2higher education; and any evidence regarding past or present
3racial, ethnic, or gender-based discrimination which directly
4impacts a State agency or public institution of higher
5education contracting with such firms. If after reviewing such
6evidence the Council finds that there is or has been such
7discrimination against a specific group, race or sex, the
8Council shall establish sheltered markets or adjust existing
9sheltered markets tailored to address the Council's specific
10findings for the divisions of work specified in paragraphs (a),
11(b), and (c) of subsection (1) of this Section.
12(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20.)
 
13    (30 ILCS 575/6)  (from Ch. 127, par. 132.606)
14    (Section scheduled to be repealed on June 30, 2024)
15    Sec. 6. Agency compliance plans. Each State agency and
16public institutions of higher education under the jurisdiction
17of this Act shall file with the Council an annual compliance
18plan which shall outline the goals of the State agency or
19public institutions of higher education for contracting with
20businesses owned by minorities, women, and persons with
21disabilities for the then current fiscal year, the manner in
22which the agency intends to reach these goals and a timetable
23for reaching these goals. The Council shall review and approve
24the plan of each State agency and public institutions of higher
25education and may reject any plan that does not comply with

 

 

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1this Act or any rules or regulations promulgated pursuant to
2this Act.
3    (a) The compliance plan shall also include, but not be
4limited to, (1) a policy statement, signed by the State agency
5or public institution of higher education head, expressing a
6commitment to encourage the use of businesses owned by
7minorities, women, and persons with disabilities, (2) the
8designation of the liaison officer provided for in Section 5 of
9this Act, (3) procedures to distribute to potential contractors
10and vendors the list of all businesses legitimately classified
11as businesses owned by minorities, women, and persons with
12disabilities and so certified under this Act, (4) procedures to
13set separate contract goals on specific prime contracts and
14purchase orders with subcontracting possibilities based upon
15the type of work or services and subcontractor availability,
16(5) procedures to assure that contractors and vendors make good
17faith efforts to meet contract goals, (6) procedures for
18contract goal exemption, modification and waiver, and (7) the
19delineation of separate contract goals for businesses owned by
20minorities, women, and persons with disabilities.
21    (b) Approval of the compliance plans shall include such
22delegation of responsibilities to the requesting State agency
23or public institution of higher education as the Council deems
24necessary and appropriate to fulfill the purpose of this Act.
25Such responsibilities may include, but need not be limited to
26those outlined in subsections (1), (2) and (3) of Section 7,

 

 

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1paragraph (a) of Section 8, and Section 8a of this Act.
2    (c) Each State agency and public institution of higher
3education under the jurisdiction of this Act shall file with
4the Council an annual report of its utilization of businesses
5owned by minorities, women, and persons with disabilities
6during the preceding fiscal year including lapse period
7spending and a mid-fiscal year report of its utilization to
8date for the then current fiscal year. The reports shall
9include a self-evaluation of the efforts of the State agency or
10public institution of higher education to meet its goals under
11the Act, as well as a plan to increase the diversity of the
12vendors engaged in contracts with the State agency or public
13institution of higher education, with a particular focus on the
14most underrepresented in contract awards.
15    (d) Notwithstanding any provisions to the contrary in this
16Act, any State agency or public institution of higher education
17which administers a construction program, for which federal law
18or regulations establish standards and procedures for the
19utilization of minority-owned and women-owned businesses and
20disadvantaged businesses, shall implement a disadvantaged
21business enterprise program to include minority-owned and
22women-owned businesses and disadvantaged businesses, using the
23federal standards and procedures for the establishment of goals
24and utilization procedures for the State-funded, as well as the
25federally assisted, portions of the program. In such cases,
26these goals shall not exceed those established pursuant to the

 

 

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1relevant federal statutes or regulations. Notwithstanding the
2provisions of Section 8b, the Illinois Department of
3Transportation is authorized to establish sheltered markets
4for the State-funded portions of the program consistent with
5federal law and regulations. Additionally, a compliance plan
6which is filed by such State agency or public institution of
7higher education pursuant to this Act, which incorporates
8equivalent terms and conditions of its federally-approved
9compliance plan, shall be deemed approved under this Act.
10(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
11
Article 30.

 
12    Section 30-5. The Farmer Equity Act is amended by adding
13Section 25 as follows:
 
14    (505 ILCS 72/25 new)
15    Sec. 25. Disparity study; report.
16    (a) The Department shall conduct a study and use the data
17collected to determine economic and other disparities
18associated with farm ownership and farm operations in this
19State. The study shall focus primarily on identifying and
20comparing economic, land ownership, education, and other
21related differences between African American farmers and white
22farmers, but may include data collected in regards to farmers
23from other socially disadvantaged groups. The study shall

 

 

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1collect, compare, and analyze data relating to disparities or
2differences in farm operations for the following areas:
3        (1) Farm ownership and the size or acreage of the
4    farmland owned compared to the number of farmers who are
5    farm tenants.
6        (2) The distribution of farm-related generated income
7    and wealth.
8        (3) The accessibility and availability to grants,
9    loans, commodity subsidies, and other financial
10    assistance.
11        (4) Access to technical assistance programs and
12    mechanization.
13        (5) Participation in continuing education, outreach,
14    or other agriculturally related services or programs.
15        (6) Interest in farming by young or beginning farmers.
16    (b) The Department shall submit a report of study to the
17Governor and General Assembly on or before January 1, 2022. The
18report shall be made available on the Department's Internet
19website.
 
20
Article 35.

 
21    Section 35-5. The Cannabis Regulation and Tax Act is
22amended by adding Section 10-45 as follows:
 
23    (410 ILCS 705/10-45 new)

 

 

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1    Sec. 10-45. Cannabis Equity Commission.
2    (a) The Cannabis Equity Commission is created and shall
3reflect the diversity of the State of Illinois, including
4geographic, racial, and ethnic diversity. The Cannabis Equity
5Commission shall be responsible for the following:
6        (1) Ensuring that equity goals in the Illinois cannabis
7    industry, as stated in Section 10-40, are met.
8        (2) Overseeing implementation, from a social equity
9    point of view, of the original intentions of the General
10    Assembly in passing this Act.
11        (3) Tracking and analyzing minorities in the
12    marketplace.
13        (4) Ensuring that revenue is being invested properly
14    into R3 areas under Section 10-40.
15        (5) Recommending changes to make the law more equitable
16    to communities harmed the most by the war on drugs.
17        (6) Maintaining oversight of social equity programs
18    and application processes under this Act, including a
19    review of persons who approve applications.
20        (7) Create standards to protect true social equity
21    applicants from predatory businesses.
22    (b) The Cannabis Equity Commission's ex officio members
23shall, within 4 months after the effective date of this
24amendatory Act of the 101st General Assembly, convene the
25Commission to appoint a full Cannabis Equity Commission and
26oversee, provide guidance to, and develop an administrative

 

 

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1structure for the Cannabis Equity Commission. The ex officio
2members are:
3        (1) The Lieutenant Governor, or his or her designee,
4    who shall serve as chair.
5        (2) The Attorney General, or his or her designee.
6        (3) The Director of Commerce and Economic Opportunity,
7    or his or her designee.
8        (4) The Director of Public Health, or his or her
9    designee.
10        (5) The Director of Corrections, or his or her
11    designee.
12        (6) The Director of Juvenile Justice, or his or her
13    designee.
14        (7) The Director of Children and Family Services, or
15    his or her designee.
16        (8) The Executive Director of the Illinois Criminal
17    Justice Information Authority, or his or her designee.
18        (9) The Director of Employment Security, or his or her
19    designee.
20        (10) The Secretary of Human Services, or his or her
21    designee.
22        (11) A member of the Senate, designated by the
23    President of the Senate.
24        (12) A member of the House of Representatives,
25    designated by the Speaker of the House of Representatives.
26        (13) A member of the Senate, designated by the Minority

 

 

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1    Leader of the Senate.
2        (14) A member of the House of Representatives,
3    designated by the Minority Leader of the House of
4    Representatives.
5    (c) Within 90 days after the ex officio members convene,
6the following members shall be appointed to the Commission by
7the chair:
8        (1) Eight public officials of municipal geographic
9    jurisdictions in the State, or their designees.
10        (2) Four community-based providers or community
11    development organization representatives who provide
12    services to treat violence and address the social
13    determinants of health, or promote community investment,
14    including, but not limited to, services such as job
15    placement and training, educational services, workforce
16    development programming, and wealth building. No more than
17    2 community-based organization representatives shall work
18    primarily in Cook County. At least one of the
19    community-based providers shall have expertise in
20    providing services to an immigrant population.
21        (3) Two experts in the field of violence reduction.
22        (4) One male who has previously been incarcerated and
23    is over the age of 24 at the time of appointment.
24        (5) One female who has previously been incarcerated and
25    is over the age of 24 at the time of appointment.
26        (6) Two individuals who have previously been

 

 

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1    incarcerated and are between the ages of 17 and 24 at the
2    time of appointment.
3    As used in this subsection (c), "an individual who has been
4previously incarcerated" has the same meaning as defined in
5paragraph (2) of subsection (e) of Section 10-40.
 
6
Article 40.

 
7    Section 40-5. The Department of Commerce and Economic
8Opportunity Law of the Civil Administrative Code of Illinois is
9amended by adding Section 605-1055 as follows:
 
10    (20 ILCS 605/605-1055 new)
11    Sec. 605-1055. Illinois SBIR/STTR Matching Funds Program.
12    (a) There is established the Illinois Small Business
13Innovation Research (SBIR) and Small Business Technology
14Transfer (STTR) Matching Funds Program to be administered by
15the Department. In order to foster job creation and economic
16development in the State, the Department may make grants to
17eligible businesses to match funds received by the business as
18an SBIR or STTR Phase I award and to encourage businesses to
19apply for Phase II awards.
20    (b) In order to be eligible for a grant under this Section,
21a business must satisfy all of the following conditions:
22        (1) The business must be a for-profit, Illinois-based
23    business. For the purposes of this Section, an

 

 

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1    Illinois-based business is one that has its principal place
2    of business in this State;
3        (2) The business must have received an SBIR/STTR Phase
4    I award from a participating federal agency in response to
5    a specific federal solicitation. To receive the full match,
6    the business must also have submitted a final Phase I
7    report, demonstrated that the sponsoring agency has
8    interest in the Phase II proposal, and submitted a Phase II
9    proposal to the agency.
10        (3) The business must satisfy all federal SBIR/STTR
11    requirements.
12        (4) The business shall not receive concurrent funding
13    support from other sources that duplicates the purpose of
14    this Section.
15        (5) The business must certify that at least 51% of the
16    research described in the federal SBIR/STTR Phase II
17    proposal will be conducted in this State and that the
18    business will remain an Illinois-based business for the
19    duration of the SBIR/STTR Phase II project.
20        (6) The business must demonstrate its ability to
21    conduct research in its SBIR/STTR Phase II proposal.
22    (c) The Department may award grants to match the funds
23received by a business through an SBIR/STTR Phase I proposal up
24to a maximum of $50,000. Seventy-five percent of the total
25grant shall be remitted to the business upon receipt of the
26SBIR/STTR Phase I award and application for funds under this

 

 

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1Section. Twenty-five percent of the total grant shall be
2remitted to the business upon submission by the business of the
3Phase II application to the funding agency and acceptance of
4the Phase I report by the funding agency. A business may
5receive only one grant under this Section per year. A business
6may receive only one grant under this Section with respect to
7each federal proposal submission. Over its lifetime, a business
8may receive a maximum of 5 awards under this Section.
9    (d) A business shall apply, under oath, to the Department
10for a grant under this Section on a form prescribed by the
11Department that includes at least all of the following:
12        (1) the name of the business, the form of business
13    organization under which it is operated, and the names and
14    addresses of the principals or management of the business;
15        (2) an acknowledgment of receipt of the Phase I report
16    and Phase II proposal by the relevant federal agency; and
17        (3) any other information necessary for the Department
18    to evaluate the application.
 
19
Article 45.

 
20    Section 45-5. The Department of Central Management
21Services Law of the Civil Administrative Code of Illinois is
22amended by adding Section 405-535 as follows:
 
23    (20 ILCS 405/405-535 new)

 

 

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1    Sec. 405-535. African Descent-Citizens Reparations
2Commission.
3    (a) The African Descent-Citizens Reparations Commission is
4hereby established within the Department of Central Management
5Services.
6    (b) The Commission shall include the following members:
7        (1) the Governor or his or her designee;
8        (2) one member of the House of Representatives
9    appointed by the Speaker of the House of Representatives;
10        (3) one member of the Senate appointed by the President
11    of the Senate;
12        (4) one member of the House of Representatives
13    appointed by the Minority leader of the House of
14    Representatives;
15        (5) one member of the Senate appointed by the Minority
16    leader of the Senate;
17        (6) three representatives of a national coalition that
18    supports reparations for African Americans appointed by
19    the Governor; and
20        (7) ten members of the public appointed by the
21    Governor, at least 8 of whom are African American
22    descendants of slavery.
23    (c) Appointment of members to the Commission shall be made
24within 60 days after the effective date of this amendatory Act
25of the 101st General Assembly, with the first meeting of the
26Commission to be held at a reasonable period of time

 

 

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1thereafter. The Chairperson of the Commission shall be elected
2from among the members during the first meeting. Members of the
3Commission shall serve without compensation, but may be
4reimbursed for travel expenses. The 10 members of the public
5appointed by the Governor shall be from diverse backgrounds,
6including businesspersons and persons without high school
7diplomas.
8    (d) Administrative support and staffing for the Commission
9shall be provided by the Department of Central Management
10Services. Any State agency under the jurisdiction of the
11Governor shall provide testimony and documents as directed by
12the Department.
13    (e) The Commission shall perform the following duties:
14        (1) work to ensure equity, equality, and parity for
15    African American descendants of slavery mired in poverty;
16        (2) develop and implement measures to ensure equity,
17    equality, and parity for African American descendants of
18    slavery;
19        (3) hold hearings to discuss the implementation of
20    measures to ensure equity, equality, and parity for African
21    American descendants of slavery;
22        (4) educate the public on reparations for African
23    American descendants of slavery;
24        (5) report to the General Assembly information and
25    findings regarding the work of the Commission under this
26    Section and the feasibility of reparations for Illinois

 

 

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1    African American descendants of slavery, including any
2    recommendations on the subject; and
3        (6) discuss and perform actions regarding the
4    following issues:
5            (i) Preservation of African American neighborhoods
6        and communities through investment in business
7        development, home ownership, and affordable housing at
8        the median income of each neighborhood, with a full
9        range of housing services and strengthening of
10        institutions, which shall include, without limitation,
11        schools, parks, and community centers.
12            (ii) Building and development of a Vocational
13        Training Center for People of African
14        Descent-Citizens, with satellite centers throughout
15        the State, to address the racial disparity in the
16        building trades and the de-skilling of African
17        American labor through the historic discrimination in
18        the building trade unions. The Center shall also have
19        departments for legitimate activities in the informal
20        economy and apprenticeship.
21            (iii) Ensuring proportional economic
22        representation in all State contracts, including
23        reviews and updates of the State procurement and
24        contracting requirements and procedures with the
25        express goal of increasing the number of African
26        American vendors and contracts for services to an

 

 

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1        equitable level reflecting their population in the
2        State.
3            (iv) Creation and enforcement of an Illinois
4        Slavery Era Disclosure Bill mandating that in addition
5        to disclosure, an affidavit must be submitted entitled
6        "Statement of Financial Reparations" that has been
7        negotiated between the Commission established under
8        this Section and a corporation or institution that
9        disclosed ties to the enslavement or injury of people
10        of African descent in the United States of America.
11    (f) Beginning January 1, 2022, and for each year
12thereafter, the Commission shall submit a report regarding its
13actions and any information as required under this Section to
14the Governor and the General Assembly. The report of the
15Commission shall also be made available to the public on the
16Internet website of the Department of Central Management
17Services.
 
18
Article 50.

 
19    Section 50-5. The Deposit of State Moneys Act is amended by
20changing Section 22.5 as follows:
 
21    (15 ILCS 520/22.5)  (from Ch. 130, par. 41a)
22    (For force and effect of certain provisions, see Section 90
23of P.A. 94-79)

 

 

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1    Sec. 22.5. Permitted investments. The State Treasurer may,
2with the approval of the Governor, invest and reinvest any
3State money in the treasury which is not needed for current
4expenditures due or about to become due, in obligations of the
5United States government or its agencies or of National
6Mortgage Associations established by or under the National
7Housing Act, 12 U.S.C. 1701 et seq., or in mortgage
8participation certificates representing undivided interests in
9specified, first-lien conventional residential Illinois
10mortgages that are underwritten, insured, guaranteed, or
11purchased by the Federal Home Loan Mortgage Corporation or in
12Affordable Housing Program Trust Fund Bonds or Notes as defined
13in and issued pursuant to the Illinois Housing Development Act.
14All such obligations shall be considered as cash and may be
15delivered over as cash by a State Treasurer to his successor.
16    The State Treasurer may, with the approval of the Governor,
17purchase any state bonds with any money in the State Treasury
18that has been set aside and held for the payment of the
19principal of and interest on the bonds. The bonds shall be
20considered as cash and may be delivered over as cash by the
21State Treasurer to his successor.
22    The State Treasurer may, with the approval of the Governor,
23invest or reinvest any State money in the treasury that is not
24needed for current expenditure due or about to become due, or
25any money in the State Treasury that has been set aside and
26held for the payment of the principal of and the interest on

 

 

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1any State bonds, in shares, withdrawable accounts, and
2investment certificates of savings and building and loan
3associations, incorporated under the laws of this State or any
4other state or under the laws of the United States; provided,
5however, that investments may be made only in those savings and
6loan or building and loan associations the shares and
7withdrawable accounts or other forms of investment securities
8of which are insured by the Federal Deposit Insurance
9Corporation.
10    The State Treasurer may not invest State money in any
11savings and loan or building and loan association unless a
12commitment by the savings and loan (or building and loan)
13association, executed by the president or chief executive
14officer of that association, is submitted in the following
15form:
16        The .................. Savings and Loan (or Building
17    and Loan) Association pledges not to reject arbitrarily
18    mortgage loans for residential properties within any
19    specific part of the community served by the savings and
20    loan (or building and loan) association because of the
21    location of the property. The savings and loan (or building
22    and loan) association also pledges to make loans available
23    on low and moderate income residential property throughout
24    the community within the limits of its legal restrictions
25    and prudent financial practices.
26    The State Treasurer may, with the approval of the Governor,

 

 

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1invest or reinvest any State money in the treasury that is not
2needed for current expenditures due or about to become due, or
3any money in the State Treasury that has been set aside and
4held for the payment of the principal of and interest on any
5State bonds, in bonds issued by counties or municipal
6corporations of the State of Illinois.
7    The State Treasurer may invest or reinvest up to 5% of the
8College Savings Pool Administrative Trust Fund, the Illinois
9Public Treasurer Investment Pool (IPTIP) Administrative Trust
10Fund, and the State Treasurer's Administrative Fund that is not
11needed for current expenditures due or about to become due, in
12common or preferred stocks of publicly traded corporations,
13partnerships, or limited liability companies, organized in the
14United States, with assets exceeding $500,000,000 if: (i) the
15purchases do not exceed 1% of the corporation's or the limited
16liability company's outstanding common and preferred stock;
17(ii) no more than 10% of the total funds are invested in any
18one publicly traded corporation, partnership, or limited
19liability company; and (iii) the corporation or the limited
20liability company has not been placed on the list of restricted
21companies by the Illinois Investment Policy Board under Section
221-110.16 of the Illinois Pension Code.
23    The State Treasurer may, with the approval of the Governor,
24invest or reinvest any State money in the Treasury which is not
25needed for current expenditure, due or about to become due, or
26any money in the State Treasury which has been set aside and

 

 

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1held for the payment of the principal of and the interest on
2any State bonds, in participations in loans, the principal of
3which participation is fully guaranteed by an agency or
4instrumentality of the United States government; provided,
5however, that such loan participations are represented by
6certificates issued only by banks which are incorporated under
7the laws of this State or any other state or under the laws of
8the United States, and such banks, but not the loan
9participation certificates, are insured by the Federal Deposit
10Insurance Corporation.
11    Whenever the total amount of vouchers presented to the
12Comptroller under Section 9 of the State Comptroller Act
13exceeds the funds available in the General Revenue Fund by
14$1,000,000,000 or more, then the State Treasurer may invest any
15State money in the Treasury, other than money in the General
16Revenue Fund, Health Insurance Reserve Fund, Attorney General
17Court Ordered and Voluntary Compliance Payment Projects Fund,
18Attorney General Whistleblower Reward and Protection Fund, and
19Attorney General's State Projects and Court Ordered
20Distribution Fund, which is not needed for current
21expenditures, due or about to become due, or any money in the
22State Treasury which has been set aside and held for the
23payment of the principal of and the interest on any State bonds
24with the Office of the Comptroller in order to enable the
25Comptroller to pay outstanding vouchers. At any time, and from
26time to time outstanding, such investment shall not be greater

 

 

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1than $2,000,000,000. Such investment shall be deposited into
2the General Revenue Fund or Health Insurance Reserve Fund as
3determined by the Comptroller. Such investment shall be repaid
4by the Comptroller with an interest rate tied to the London
5Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an
6equivalent market established variable rate, but in no case
7shall such interest rate exceed the lesser of the penalty rate
8established under the State Prompt Payment Act or the timely
9pay interest rate under Section 368a of the Illinois Insurance
10Code. The State Treasurer and the Comptroller shall enter into
11an intergovernmental agreement to establish procedures for
12such investments, which market established variable rate to
13which the interest rate for the investments should be tied, and
14other terms which the State Treasurer and Comptroller
15reasonably believe to be mutually beneficial concerning these
16investments by the State Treasurer. The State Treasurer and
17Comptroller shall also enter into a written agreement for each
18such investment that specifies the period of the investment,
19the payment interval, the interest rate to be paid, the funds
20in the Treasury from which the Treasurer will draw the
21investment, and other terms upon which the State Treasurer and
22Comptroller mutually agree. Such investment agreements shall
23be public records and the State Treasurer shall post the terms
24of all such investment agreements on the State Treasurer's
25official website. In compliance with the intergovernmental
26agreement, the Comptroller shall order and the State Treasurer

 

 

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1shall transfer amounts sufficient for the payment of principal
2and interest invested by the State Treasurer with the Office of
3the Comptroller under this paragraph from the General Revenue
4Fund or the Health Insurance Reserve Fund to the respective
5funds in the Treasury from which the State Treasurer drew the
6investment. Public Act 100-1107 shall constitute an
7irrevocable and continuing authority for all amounts necessary
8for the payment of principal and interest on the investments
9made with the Office of the Comptroller by the State Treasurer
10under this paragraph, and the irrevocable and continuing
11authority for and direction to the Comptroller and Treasurer to
12make the necessary transfers.
13    The State Treasurer may, with the approval of the Governor,
14invest or reinvest any State money in the Treasury that is not
15needed for current expenditure, due or about to become due, or
16any money in the State Treasury that has been set aside and
17held for the payment of the principal of and the interest on
18any State bonds, in any of the following:
19        (1) Bonds, notes, certificates of indebtedness,
20    Treasury bills, or other securities now or hereafter issued
21    that are guaranteed by the full faith and credit of the
22    United States of America as to principal and interest.
23        (2) Bonds, notes, debentures, or other similar
24    obligations of the United States of America, its agencies,
25    and instrumentalities.
26        (2.5) Bonds, notes, debentures, or other similar

 

 

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1    obligations of a foreign government, other than the
2    Republic of the Sudan, that are guaranteed by the full
3    faith and credit of that government as to principal and
4    interest, but only if the foreign government has not
5    defaulted and has met its payment obligations in a timely
6    manner on all similar obligations for a period of at least
7    25 years immediately before the time of acquiring those
8    obligations.
9        (3) Interest-bearing savings accounts,
10    interest-bearing certificates of deposit, interest-bearing
11    time deposits, or any other investments constituting
12    direct obligations of any bank as defined by the Illinois
13    Banking Act.
14        (4) Interest-bearing accounts, certificates of
15    deposit, or any other investments constituting direct
16    obligations of any savings and loan associations
17    incorporated under the laws of this State or any other
18    state or under the laws of the United States.
19        (5) Dividend-bearing share accounts, share certificate
20    accounts, or class of share accounts of a credit union
21    chartered under the laws of this State or the laws of the
22    United States; provided, however, the principal office of
23    the credit union must be located within the State of
24    Illinois.
25        (6) Bankers' acceptances of banks whose senior
26    obligations are rated in the top 2 rating categories by 2

 

 

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1    national rating agencies and maintain that rating during
2    the term of the investment.
3        (7) Short-term obligations of either corporations or
4    limited liability companies organized in the United States
5    with assets exceeding $500,000,000 if (i) the obligations
6    are rated at the time of purchase at one of the 3 highest
7    classifications established by at least 2 standard rating
8    services and mature not later than 270 days from the date
9    of purchase, (ii) the purchases do not exceed 10% of the
10    corporation's or the limited liability company's
11    outstanding obligations, (iii) no more than one-third of
12    the public agency's funds are invested in short-term
13    obligations of either corporations or limited liability
14    companies, and (iv) the corporation or the limited
15    liability company has not been placed on the list of
16    restricted companies by the Illinois Investment Policy
17    Board under Section 1-110.16 of the Illinois Pension Code.
18        (7.5) Obligations of either corporations or limited
19    liability companies organized in the United States, that
20    have a significant presence in this State, with assets
21    exceeding $500,000,000 if: (i) the obligations are rated at
22    the time of purchase at one of the 3 highest
23    classifications established by at least 2 standard rating
24    services and mature more than 270 days, but less than 10
25    years, from the date of purchase; (ii) the purchases do not
26    exceed 10% of the corporation's or the limited liability

 

 

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1    company's outstanding obligations; (iii) no more than
2    one-third of the public agency's funds are invested in such
3    obligations of corporations or limited liability
4    companies; and (iv) the corporation or the limited
5    liability company has not been placed on the list of
6    restricted companies by the Illinois Investment Policy
7    Board under Section 1-110.16 of the Illinois Pension Code.
8        (8) Money market mutual funds registered under the
9    Investment Company Act of 1940.
10        (9) The Public Treasurers' Investment Pool created
11    under Section 17 of the State Treasurer Act or in a fund
12    managed, operated, and administered by a bank.
13        (10) Repurchase agreements of government securities
14    having the meaning set out in the Government Securities Act
15    of 1986, as now or hereafter amended or succeeded, subject
16    to the provisions of that Act and the regulations issued
17    thereunder.
18        (11) Investments made in accordance with the
19    Technology Development Act.
20        (12) Investments made in accordance with the Student
21    Investment Account Act.
22        (13) Investments constituting direct obligations of a
23    community development financial institution, which is
24    certified by the United States Treasury Community
25    Development Financial Institutions Fund and is operating
26    in the State of Illinois.

 

 

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1        (14) Investments constituting direct obligations of a
2    minority depository institution, as designated by the
3    Federal Deposit Insurance Corporation, that is operating
4    in the State of Illinois.
5    For purposes of this Section, "agencies" of the United
6States Government includes:
7        (i) the federal land banks, federal intermediate
8    credit banks, banks for cooperatives, federal farm credit
9    banks, or any other entity authorized to issue debt
10    obligations under the Farm Credit Act of 1971 (12 U.S.C.
11    2001 et seq.) and Acts amendatory thereto;
12        (ii) the federal home loan banks and the federal home
13    loan mortgage corporation;
14        (iii) the Commodity Credit Corporation; and
15        (iv) any other agency created by Act of Congress.
16    The Treasurer may, with the approval of the Governor, lend
17any securities acquired under this Act. However, securities may
18be lent under this Section only in accordance with Federal
19Financial Institution Examination Council guidelines and only
20if the securities are collateralized at a level sufficient to
21assure the safety of the securities, taking into account market
22value fluctuation. The securities may be collateralized by cash
23or collateral acceptable under Sections 11 and 11.1.
24(Source: P.A. 100-1107, eff. 8-27-18; 101-81, eff. 7-12-19;
25101-206, eff. 8-2-19; 101-586, eff. 8-26-19; revised 9-25-19.)
 

 

 

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1
Article 60.

 
2    Section 60-5. The Environmental Protection Act is amended
3by adding Section 40.4 as follows:
 
4    (415 ILCS 5/40.4 new)
5    Sec. 40.4. Environmental justice communities; community
6and environmental impact assessment; notification of
7applicants; community benefits agreements.
8    (a) The Agency shall ensure that possible adverse economic,
9social, and environmental effects on environmental justice
10communities relating to any permit or permit renewal have been
11fully considered prior to publishing a draft permit or permit
12renewal for public comment, and that the final decision on the
13permit or permit renewal is made in the best overall public
14interest.
15    Any person seeking a permit or permit renewal shall first
16submit to the Agency information necessary for the Agency to
17determine if the permitted activity will adversely impact an
18environmental justice community.
19    (b) Any person or entity seeking a permit or permit renewal
20in an environmental justice community shall give public notice
21to the residents of the community of the following:
22        (1) The person or entity's permit or permit renewal
23    application.
24        (2) The procedures allowing residents to file comments

 

 

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1    on the application with the Agency.
2        (3) The date, time, and place of a community meeting
3    for the purpose of informing the surrounding community of
4    the permit application and for taking comments and
5    questions. The meeting shall not be held less than 30 days
6    following publication of the notice.
7    Community residents shall have 90 days following the
8community meeting to submit comments to the Agency.
9    (c) A permit applicant for permitted activity sited in an
10environmental justice community shall enter into a community
11benefits agreement with the unit of local government in whose
12jurisdiction the permit applicant has applied. The community
13benefits agreement must, at a minimum, contain provisions
14requiring the permit applicant to mitigate the environmental
15and public health impact of the permitted activity in the
16environmental justice community.
17    (d) For purposes of this Section, "permit" means a permit
18issued by the Illinois Environmental Protection Agency through
19the Clean Air Act Permit Program or the National Pollutant
20Discharge Elimination System.
 
21
Article 70.

 
22    Section 5. The Barber, Cosmetology, Esthetics, Hair
23Braiding, and Nail Technology Act of 1985 is amended by adding
24Section 4-30 as follows:
 

 

 

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1    (225 ILCS 410/4-30 new)
2    Sec. 4-30. Beauty supply industry disparity study.
3    (a) The Department shall compile and publish a disparity
4study by December 31, 2022 that: (1) evaluates whether there
5exists discrimination in the State's beauty supply industry;
6and (2) if so, evaluates the impact of such discrimination on
7the State and includes recommendations for reducing or
8eliminating any identified barriers to entry in the beauty
9supply industry and discriminatory behavior. The Department
10shall forward a copy of its findings and recommendations to the
11General Assembly and the Governor.
12    (b) The Department may compile, collect, or otherwise
13gather data necessary for the administration of this Section
14and to carry out the Department's duty relating to the
15recommendation of policy changes. The Department shall compile
16all of the data into a single report, submit the report to the
17Governor and the General Assembly, and publish the report on
18its website.
19    (c) This Section is repealed on January 1, 2024.
 
20
Article 75.

 
21    Section 75-1. Short title. This Act may be cited as the
22Reduction of Lead Service Lines Act.
 

 

 

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1    Section 75-5. Purpose. The purpose of this Act is to
2require the owners and operators of community water supplies
3to: (1) create a comprehensive lead service line inventory; (2)
4provide notice to occupants of potentially affected residences
5and buildings of construction or repair work on water mains,
6lead service lines, or water meters; (3) prohibit partial lead
7service line replacements; and (4) create a lead service line
8replacement program.
 
9    Section 75-10. Definitions. In this Act:
10    "Agency" means the Environmental Protection Agency.
11    "Community water supply" means a public water supply that
12serves at least 15 service connections used by year-round
13residents or regularly serves at least 25 year-round residents
14    "Department" means the Department of Public Health.
15    "Emergency repair" means water distribution work that
16includes unscheduled water main, water service, water valve, or
17fire hydrant repair or replacement that results from premature
18failure or accident.
19    "Lead service line" means a service line that is made of
20lead, or any lead pigtail, lead gooseneck, or other lead
21fitting that is connected to a service line, or both.
22    "Non-community water supply" means a public water supply
23that is not a community water supply.
24    "Potentially affected residence" means a residence where
25water service is supplied through a pipe containing lead or

 

 

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1suspected to be made of lead.
2    "Service line" means the pipe from the discharge of the
3utility fitting to customer site piping or to the building
4plumbing at the first shut-off valve inside the building or 18
5inches inside the building, whichever is shorter.
6    "Small system" means a water system that regularly serves
7water to 3,300 or fewer persons.
 
8    Section 75-15. Water service line material inventory.
9    (a) The owner or operator of each community water supply
10shall develop an initial water service line material inventory
11that shall be submitted to the Agency for approval, in an
12electronic form selected by the Agency, by April 15, 2020. The
13owner or operator shall annually update and submit its
14inventory to the Agency by April 15 of each year thereafter.
15Each water service line material inventory shall identify:
16        (1) The total number of service lines within or
17    connected to the distribution system.
18        (2) The materials of construction, including, but not
19    limited to, lead, of each water service line connected to
20    the distribution system. The owner or operator of the
21    community water supply shall develop the inventory by
22    identifying on both the customer's and the community water
23    supply's side of the curb box the type of construction
24    material used.
25        (3) The number of the lead service lines that were

 

 

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1    added and removed from the inventory after the previous
2    year's submission.
3    (b) The owner or operator of each community water supply
4shall maintain records of owners or residents that refuse to
5grant access to the interior of the building for purposes of
6identifying the service line material. If the owner or resident
7refuses to allow access to his or her residence or property for
8the purposes of cooperating with the inventory, the community
9water supply shall request that the owner or resident sign a
10waiver. The waiver shall be developed by the Department. If the
11owner or resident refuses to sign the waiver, the record shall
12include the dates and manner of each request and the name of
13the person who made the request.
14    (c) The owner or operator of each community water supply
15shall, upon finding the presence of a lead service line, notify
16the owner and resident of the building within 24 hours, or as
17soon as is reasonably possible.
18    (d) No later than January 1, 2021, the Agency shall by rule
19determine a reasonable deadline for submitting each community
20water supply's complete water service line material inventory
21required under subsection (a), not to exceed 5 years from
22January 1, 2020, unless the Agency determines that additional
23time is needed for one or more community water supply's
24inventory due to the technical feasibility of identifying lines
25within a system.
26    (e) Nothing in this Section shall be construed to require

 

 

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1that service lines be unearthed.
2    (f) Beginning on January 1, 2020, when conducting routine
3inspections of community water supplies, the Agency may conduct
4a separate audit to identify progress that the community water
5supply has made toward completing the water service line
6material inventory required under subsection (a).
 
7    Section 75-20. Construction notifications.
8    (a) Within 13 days before beginning planned work to repair
9or replace any water mains with lead or partial lead service
10lines attached to them or lead service lines themselves, the
11owner or operator of a community water supply shall notify each
12potentially affected residence of the planned work through an
13individual written notice. In cases where a community water
14supply must perform construction or repair work on an emergency
15basis or where the work is scheduled within 14 days of the work
16taking place, the community water supply shall notify each
17potentially affected residence as soon as is reasonably
18possible. When work is to repair or replace a water meter, the
19notification shall be provided at the time the work is
20initiated.
21    (b) A notification under subsection (a) shall include, at a
22minimum, the following:
23        (1) a warning that the work may result in sediment,
24    possibly containing lead from the service line, in the
25    residence's water;

 

 

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1        (2) information concerning the best practices for
2    preventing exposure to or risk of consumption of any lead
3    in drinking water, including a recommendation to flush
4    water lines during and after the completion of the repair
5    or replacement work and to clean faucet aerator screens;
6    and
7        (3) information regarding the dangers of lead in young
8    children and pregnant women.
9    (c) To the extent that the owner or operator of a community
10water supply serves a significant proportion of non-English
11speaking consumers, a notification under subsection (a) must
12contain information in the appropriate languages regarding the
13importance of the notice, and it must contain a telephone
14number or address where a person who is served may contact the
15owner or operator of the community water supply to obtain a
16translated copy of the notification or to request assistance in
17the appropriate language.
18    (d) Notwithstanding anything to the contrary set forth in
19this Section, publication notification through local media,
20social media, or other similar means may be used in lieu of an
21individual written notification to the extent that: (1)
22notification is required for the entire community served by a
23community water supply; (2) notification is required for
24construction or repairs occurring on an emergency basis; or (3)
25the community water supply is a small system.
26    (e) If an owner or operator of a community water supply is

 

 

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1required to provide an individual written notification to a
2residence that is a multidwelling building, then posting a
3written notification on the primary entrance way to the
4building shall be sufficient.
5    (f) The notification requirements in this Section do not
6apply to work performed on water mains that are used to
7transmit treated water between community water supplies and
8that have no service connections.
9    (g) A community water supply is not required to comply with
10this Section to the extent that the corresponding water service
11line material inventory has been completed and demonstrates
12that the community water supply's distribution system does not
13include lead service lines.
 
14    Section 75-25. Lead service line replacement program.
15    (a) Every community water supply in Illinois that has known
16lead service lines shall create a plan to replace all lead
17service lines and galvanized service lines if the service line
18is or was connected to lead piping. Each community water supply
19shall submit its lead service line replacement plan to the
20Agency for approval, in an electronic form selected by the
21Agency, by April 15, 2021. Each community water supply shall
22annually update and submit its plan to the Agency by April 15
23of each year thereafter in conjunction with the water service
24line material inventory required under Section 15. The Agency
25shall make each plan available to the public by maintaining

 

 

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1them on the Agency website.
2    (b) Each lead service line replacement program plan shall
3include the following:
4        (1) The water service line material inventory
5    conducted under Section 15.
6        (2) An analysis of whether the community water supply
7    has control over lead service lines in its system.
8        (3) An analysis of costs and financing options for
9    replacing the system's lead service line that minimizes the
10    overall cost of system replacement. The analysis shall
11    include, but is not limited to:
12            (A) a detailed accounting of costs;
13            (B) measures to address affordability for
14        customers or rate payers;
15            (C) consideration of different scenarios for
16        structuring payments between the utility and its
17        customers over time;
18            (D) an explanation of the rationale for any permit
19        fees or other charges to a property owner associated
20        with lead service lines, and plans for utilization of
21        revenues derived from those fees or other charges; and
22            (E) any other relevant factors regarding the
23        rulemaking required by this Act.
24        (4) A feasibility and affordability plan that
25    includes, but is not limited to, information on whether:
26            (A) the community water supply pays for the portion

 

 

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1        of the service lines owned by the community water
2        supply and the property owner pays for the portion he
3        or she owns;
4            (B) the community water supply pays for the entire
5        replacement and has a low interest loan for property
6        owners to pay for the replacement over time on their
7        water bills; or
8            (C) the community water supply pays for the entire
9        replacement.
10        (5) A plan for prioritizing high risk areas.
11        (6) A proposed schedule for replacements that includes
12    annual benchmarks, not to fall below 4 percent replacement
13    of inventoried lines per year.
14        (7) A proposed deadline for replacing all lead service
15    lines consistent with the water service line material
16    inventory required under Section 15.
17    (c) The Agency shall begin the rulemaking process to
18implement the requirements of this Section within 6 months of
19the effective date of this Act and shall adopt rules within one
20year after the rulemaking process begins. During the rulemaking
21process, the Agency shall consider:
22        (1) the form for submitting, and process for the
23    Agency's review of, lead service line replacement plans;
24        (2) whether a deadline for replacing all lead service
25    lines for community water supplies subject to this Act is
26    appropriate considering the utility scale, technical

 

 

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1    feasibility of identifying and replacing lines, and impact
2    to public health of maintaining any lead service lines in
3    place;
4        (3) the means by a which a community water supply must
5    make its lead service line replacement plan, and its
6    progress towards implementing the plan, available to the
7    public;
8        (4) the materials deemed acceptable for lead service
9    line replacement; and
10        (5) any factors that a community water supply shall
11    consider in developing the components of a plan required
12    under subsection (a).
13    (d) When a community water supply replaces a water main,
14the community water supply must identify and replace all lead
15service lines that connect to that water main during
16replacement of the water main, unless a customer refuses to
17have his or her lead service line replaced. If a customer
18refuses to have his or her lead service line replaced, the
19community water supply shall keep a record of that refusal
20consistent with subsection (b) of Section 15.
21    The Agency shall by rule set reasonable fees for community
22water systems to submit replacement plans.
23    (e) In order to provide water that does not become
24contaminated with lead from a lead service line or galvanized
25service line that is or was connected to lead piping, in
26accordance with constitutional limitations, and to the extent

 

 

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1not already provided for by law, a community water supply shall
2have the authority to access private property and private
3residences for the sole purpose of identifying or replacing
4lead service lines or galvanized service lines.
5    Before a community water supply may access private property
6or a private residence for the purpose of replacing a lead
7service line or galvanized service line that is or was
8connected to lead piping, the community water supply shall
9notify the owner of the property and the resident at least one
10month before the planned work on the private property or in his
11or her private residence. The community water supply must meet
12the following requirements for notice under this subsection:
13        (1) The notice shall be made by the community water
14    supply at least every 2 weeks prior to the planned work
15    until the owner and resident have been contacted.
16        (2) At least one of the notices must be by certified
17    mail.
18        (3) The community water supply shall make personal
19    contact with the owner or resident about the notice by
20    visits to the property or residence.
21        (4) The community water supply shall attempt to tape
22    flyers with the notice to entrance doors for the property
23    or residence.
24        (5) To the extent that the owner or operator of a
25    community water supply serves a significant proportion of
26    non-English speaking consumers, a notification under this

 

 

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1    Section must contain information in the appropriate
2    language regarding the importance of the notice and a
3    telephone number or address where a person who is served
4    may contact the owner or operator of the community water
5    supply to obtain a translated copy of the notification or
6    to request assistance in the appropriate language.
7    If the owner or resident refuses to allow access to his or
8her residence or property for the purposes of cooperating with
9the lead service line replacement, the community water supply
10shall request that the owner or resident sign a waiver. The
11waiver shall be developed by the Department and should be made
12available in the owner or resident's language. Should the owner
13or resident refuse to sign the waiver, or fail to respond to
14the community water supply subsequent to the community water
15supply's compliance with the notification requirements set
16forth in this subsection, the community water supply shall
17notify the Department in writing within 15 working days and
18shall notify the Agency as part of the annual report to the
19Agency under subsection (a).
20    To the extent allowed by law, community water supplies
21shall be held harmless for damage to property when installing
22water service lines. If dangers are encountered that prevent
23the replacement of the lead service line, the community water
24supply shall notify the Department within 15 working days of
25why the replacement of the lead service could not be
26accomplished.

 

 

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1    (f) Service lines that are physically disconnected from the
2distribution system are exempt from this Section.
 
3    Section 75-30. Prohibitions.
4    (a) Except as otherwise provided in this Section, no person
5shall replace a portion of a lead service line without
6replacing the entirety of the line at the same time.
7    (b) If the owner or operator of a community water supply
8does not own the entire service line, then the owner or
9operator of the community water supply shall notify the owner
10of the service line, or the service line owner's authorized
11agent, that the community water supply will replace the portion
12of the service line that it owns and the owner's portion of the
13service line at the community water supply's expense. The
14notification shall follow the procedures required under
15subsection (e) of Section 25. If the service line's owner or
16authorized agent does not consent, consistent with the
17notification and waiver provisions under subsection (e) of
18Section 25, the community water supply shall not replace any
19portion of the service line, unless in conjunction with an
20emergency repair.
21    (c) A person may replace a portion of a lead service line
22but not the entirety of the line when an emergency repair is
23necessary and the community water supply notifies the owner and
24resident within 36 hours, informing the owner and resident of
25mitigating strategies, such as flushing pipes before use or

 

 

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1supplying filters for drinking and cooking purposes.
2    In the event of a partial service line replacement due to
3an emergency situation, the community water supply must provide
4filters and replace the remainder of the lead service line
5within 30 days of the emergency repair.
6    In the event of a partial lead service line replacement
7resulting from an emergency repair, the community water supply
8shall inform the residents served by the service line that the
9community water supply shall, at the community water supply's
10expense, arrange to collect a sample from each partially
11replaced lead service line that is representative of the water
12in the service line for analysis of lead content within 72
13hours after the completion of the partial replacement of the
14service line. The community water supply shall collect the
15sample and report the results of the analysis to the owner and
16the resident or residents served by the line within 3 business
17days of receiving the results. A mailed notice of the results
18postmarked within 3 business days after the community water
19supply receives the results shall satisfy the reporting
20requirement.
21    (d) If an owner of a residence intends to replace the
22portion of the lead service line that he or she owns, then the
23owner of the residence shall provide the owner or operator of
24the community water supply of the replacement plan with notice
25at least 45 days before commencing the work. In the case of an
26emergency repair, if the notice is not feasible, and if the

 

 

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1owner of the residence notifies the owner or operator of the
2community water supply of the replacement of a portion of the
3lead service line after the work is done, then the owner or
4operator of the community water supply must replace the
5remainder of the lead service line within 90 days.
 
6    Section 75-35. Non-community water supplies. The
7requirements of this Act do not apply to non-community water
8supplies.
 
9    Section 75-100. The Department of Commerce and Economic
10Opportunity Law of the Civil Administrative Code of Illinois is
11amended by adding Section 605-870 as follows:
 
12    (20 ILCS 605/605-870 new)
13    Sec. 605-870. Low-income water assistance policy and
14program.
15    (a) The Department shall by rule establish a comprehensive
16low-income water assistance policy and program that
17incorporates financial assistance and includes, but is not
18limited to, water efficiency or water quality projects, such as
19lead service line replacement, or other measures to ensure that
20residents have access to affordable and clean water. The policy
21and program shall not jeopardize the ability of public
22utilities, community water supplies, or other entities to
23receive just compensation for providing services. The

 

 

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1resources applied in achieving the policy and program shall be
2coordinated and efficiently used through the integration of
3public programs and through the targeting of assistance. The
4Department shall use all appropriate and available means to
5fund this program and, to the extent possible, identify and use
6sources of funding that complement State tax revenues. The rule
7shall be finalized within 180 days of the effective date of
8this Act, or within 60 days of receiving an appropriation for
9the program.
10    (b) Any person who is a resident of the State and whose
11household income is not greater than an amount determined
12annually by the Department may apply for assistance under this
13Section in accordance with rules adopted by the Department. In
14setting the annual eligibility level, the Department shall
15consider the amount of available funding and may not set a
16limit higher than 150 percent of the poverty guidelines updated
17periodically in the Federal Register by the U.S. Department of
18Health and Human Services under the authority of 42 U.S.C.
199902(2).
20    (c) Applicants who qualify for assistance under subsection
21(b) shall, subject to appropriation from the General Assembly
22and subject to availability of funds to the Department, receive
23assistance as provided in this Section. The Department, upon
24receipt of moneys authorized under this Section for assistance,
25shall commit funds for each qualified applicant in an amount
26determined by the Department. In determining the amounts of

 

 

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1assistance to be provided to or on behalf of a qualified
2applicant, the Department shall ensure that the highest amounts
3of assistance go to households with the greatest water costs in
4relation to household income. The Department may consider
5factors such as water costs, household size, household income,
6and region of the State when determining individual household
7benefits. In adopting rules for the administration of this
8Section, the Department shall ensure that a minimum of
9one-third of the funds for the program are available for
10benefits to eligible households with the lowest incomes and
11that elderly households, households with persons with
12disabilities, and households with children under 6 years of age
13are offered a priority application period.
14    (d) Application materials for the program shall be made
15available in multiple languages.
16    (e) The Department may adopt any rules necessary to
17implement this Section.
 
18    Section 75-105. The Public Utilities Act is amended by
19changing Section 8-306 as follows:
 
20    (220 ILCS 5/8-306)
21    Sec. 8-306. Special provisions relating to water and sewer
22utilities.
23    (a) No later than 120 days after the effective date of this
24amendatory Act of the 94th General Assembly, the Commission

 

 

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1shall prepare, make available to customers upon request, and
2post on its Internet web site information concerning the
3service obligations of water and sewer utilities and remedies
4that a customer may pursue for a violation of the customer's
5rights. The information shall specifically address the rights
6of a customer of a water or sewer utility in the following
7situations:
8        (1) The customer's water meter is replaced.
9        (2) The customer's bill increases by more than 50%
10    within one billing period.
11        (3) The customer's water service is terminated.
12        (4) The customer wishes to complain after receiving a
13    termination of service notice.
14        (5) The customer is unable to make payment on a billing
15    statement.
16        (6) A rate is filed, including without limitation a
17    surcharge or annual reconciliation filing, that will
18    increase the amount billed to the customer.
19        (7) The customer is billed for services provided prior
20    to the date covered by the billing statement.
21        (8) The customer is due to receive a credit.
22    Each billing statement issued by a water or sewer utility
23shall include an Internet web site address where the customer
24can view the information required under this subsection (a) and
25a telephone number that the customer may call to request a copy
26of the information.

 

 

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1    (b) A water or sewer utility may discontinue service only
2after it has mailed or delivered by other means a written
3notice of discontinuance substantially in the form of Appendix
4A of 83 Ill. Adm. Code 280. The notice must include the
5Internet web site address where the customer can view the
6information required under subsection (a) and a telephone
7number that the customer may call to request a copy of the
8information. Any notice required to be delivered or mailed to a
9customer prior to discontinuance of service shall be delivered
10or mailed separately from any bill. Service shall not be
11discontinued until at least 5 days after delivery or 8 days
12after the mailing of this notice. Service shall not be
13discontinued and shall be restored if discontinued for the
14reason which is the subject of a dispute or complaint during
15the pendency of informal or formal complaint procedures of the
16Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or
17280.170, where the customer has complied with those rules.
18Service shall not be discontinued and shall be restored if
19discontinued where a customer has established a deferred
20payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has
21not defaulted on such agreement. Residential customers who are
22indebted to a utility for past due utility service shall have
23the opportunity to make arrangements with the utility to retire
24the debt by periodic payments, referred to as a deferred
25payment agreement, unless this customer has failed to make
26payment under such a plan during the past 12 months. The terms

 

 

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1and conditions of a reasonable deferred payment agreement shall
2be determined by the utility after consideration of the
3following factors, based upon information available from
4current utility records or provided by the customer or
5applicant:
6        (1) size of the past due account;
7        (2) customer or applicant's ability to pay;
8        (3) customer or applicant's payment history;
9        (4) reason for the outstanding indebtedness; and
10        (5) any other relevant factors relating to the
11    circumstances of the customer or applicant's service.
12A residential customer shall pay a maximum of one-fourth of the
13amount past due and owing at the time of entering into the
14deferred payment agreement, and the water or sewer utility
15shall allow a minimum of 2 months from the date of the
16agreement and a maximum of 12 months for payment to be made
17under a deferred payment agreement. Late payment charges may be
18assessed against the amount owing that is the subject of a
19deferred payment agreement.
20    (c) A water or sewer utility shall provide notice as
21required by subsection (a) of Section 9-201 after the filing of
22each information sheet under a purchased water surcharge,
23purchased sewage treatment surcharge, or qualifying
24infrastructure plant surcharge. The utility also shall post
25notice of the filing in accordance with the requirements of 83
26Ill. Adm. Code 255. Unless filed as part of a general rate

 

 

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1increase, notice of the filing of a purchased water surcharge
2rider, purchased sewage treatment surcharge rider, or
3qualifying infrastructure plant surcharge rider also shall be
4given in the manner required by this subsection (c) for the
5filing of information sheets.
6    (d) Commission rules pertaining to formal and informal
7complaints against public utilities shall apply with full and
8equal force to water and sewer utilities and their customers,
9including provisions of 83 Ill. Adm. Code 280.170, and the
10Commission shall respond to each complaint by providing the
11consumer with a copy of the utility's response to the complaint
12and a copy of the Commission's review of the complaint and its
13findings. The Commission shall also provide the consumer with
14all available options for recourse.
15    (e) Any refund shown on the billing statement of a customer
16of a water or sewer utility must be itemized and must state if
17the refund is an adjustment or credit.
18    (f) Water service for building construction purposes. At
19the request of any municipality or township within the service
20area of a public utility that provides water service to
21customers within the municipality or township, a public utility
22must (1) require all water service used for building
23construction purposes to be measured by meter and subject to
24approved rates and charges for metered water service and (2)
25prohibit the unauthorized use of water taken from hydrants or
26service lines installed at construction sites.

 

 

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1    (g) Water meters.
2        (1) Periodic testing. Unless otherwise approved by the
3    Commission, each service water meter shall be periodically
4    inspected and tested in accordance with the schedule
5    specified in 83 Ill. Adm. Code 600.340, or more frequently
6    as the results may warrant, to insure that the meter
7    accuracy is maintained within the limits set out in 83 Ill.
8    Adm. Code 600.310.
9        (2) Meter tests requested by customer.
10            (A) Each utility furnishing metered water service
11        shall, without charge, test the accuracy of any meter
12        upon request by the customer served by such meter,
13        provided that the meter in question has not been tested
14        by the utility or by the Commission within 2 years
15        previous to such request. The customer or his or her
16        representatives shall have the privilege of witnessing
17        the test at the option of the customer. A written
18        report, giving the results of the test, shall be made
19        to the customer.
20            (B) When a meter that has been in service less than
21        2 years since its last test is found to be accurate
22        within the limits specified in 83 Ill. Adm. Code
23        600.310, the customer shall pay a fee to the utility
24        not to exceed the amounts specified in 83 Ill. Adm.
25        Code 600.350(b). Fees for testing meters not included
26        in this Section or so located that the cost will be out

 

 

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1        of proportion to the fee specified will be determined
2        by the Commission upon receipt of a complete
3        description of the case.
4        (3) Commission referee tests. Upon written application
5    to the Commission by any customer, a test will be made of
6    the customer's meter by a representative of the Commission.
7    For such a test, a fee as provided for in subsection (g)(2)
8    shall accompany the application. If the meter is found to
9    be registering more than 1.5% fast on the average when
10    tested as prescribed in 83 Ill. Adm. Code 600.310, the
11    utility shall refund to the customer the amount of the fee.
12    The utility shall in no way disturb the meter after a
13    customer has made an application for a referee test until
14    authority to do so is given by the Commission or the
15    customer in writing.
16    (h) Water and sewer utilities; low usage. Each public
17utility that provides water and sewer service must establish a
18unit sewer rate, subject to review by the Commission, that
19applies only to those customers who use less than 1,000 gallons
20of water in any billing period.
21    (i) Water and sewer utilities; separate meters. Each public
22utility that provides water and sewer service must offer
23separate rates for water and sewer service to any commercial or
24residential customer who uses separate meters to measure each
25of those services. In order for the separate rate to apply, a
26combination of meters must be used to measure the amount of

 

 

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1water that reaches the sewer system and the amount of water
2that does not reach the sewer system.
3    (j) Each water or sewer public utility must disclose on
4each billing statement any amount billed that is for service
5provided prior to the date covered by the billing statement.
6The disclosure must include the dates for which the prior
7service is being billed. Each billing statement that includes
8an amount billed for service provided prior to the date covered
9by the billing statement must disclose the dates for which that
10amount is billed and must include a copy of the document
11created under subsection (a) and a statement of current
12Commission rules concerning unbilled or misbilled service.
13    (k) When the customer is due a refund resulting from
14payment of an overcharge, the utility shall credit the customer
15in the amount of overpayment with interest from the date of
16overpayment by the customer. The rate for interest shall be at
17the appropriate rate determined by the Commission under 83 Ill.
18Adm. Code 280.70.
19    (l) Water and sewer public utilities; subcontractors. The
20Commission shall adopt rules for water and sewer public
21utilities to provide notice to the customers of the proper kind
22of identification that a subcontractor must present to the
23customer, to prohibit a subcontractor from soliciting or
24receiving payment of any kind for any service provided by the
25water or sewer public utility or the subcontractor, and to
26establish sanctions for violations.

 

 

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1    (m) Water and sewer public utilities; nonrevenue
2unaccounted-for water. Each By December 31, 2006, each water
3public utility shall file tariffs with the Commission to
4establish the maximum percentage of nonrevenue unaccounted-for
5water that would be considered in the determination of any
6rates or surcharges. The rates or surcharges approved for a
7water public utility shall not include charges for nonrevenue
8unaccounted-for water in excess of this maximum percentage
9without well-documented support and justification for the
10Commission to consider in any request to recover charges in
11excess of the tariffed maximum percentage.
12    (n) Rate increases; public forums. When any public utility
13providing water or sewer service proposes a general rate
14increase, in addition to other notice requirements, the water
15or sewer public utility must notify its customers of their
16right to request a public forum. A customer or group of
17customers must make written request to the Commission for a
18public forum and must also provide written notification of the
19request to the customer's municipal or, for unincorporated
20areas, township government. The Commission, at its discretion,
21may schedule the public forum. If it is determined that public
22forums are required for multiple municipalities or townships,
23the Commission shall schedule these public forums, in locations
24within approximately 45 minutes drive time of the
25municipalities or townships for which the public forums have
26been scheduled. The public utility must provide advance notice

 

 

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1of 30 days for each public forum to the governing bodies of
2those units of local government affected by the increase. The
3day of each public forum shall be selected so as to encourage
4the greatest public participation. Each public forum will begin
5at 7:00 p.m. Reports and comments made during or as a result of
6each public forum must be made available to the hearing
7officials and reviewed when drafting a recommended or tentative
8decision, finding or order pursuant to Section 10-111 of this
9Act.
10    (o) The Commission may allow or direct a water utility to
11establish a customer assistance program that provides
12financial relief to residential customers who qualify for
13income-related assistance.
14    A customer assistance program established under this
15subsection that affects rates and charges for service is not
16discriminatory for purposes of this Act or any other law
17regulating rates and charges for service. In considering
18whether to approve a water utility's proposed customer
19assistance program, the Commission must determine that a
20customer assistance program established under this subsection
21is in the public interest.
22    The Commission shall adopt rules to implement this
23subsection. These rules shall require customer assistance
24programs under this subsection to coordinate with utility
25energy efficiency programs and the Illinois Home
26Weatherization Assistance Program for the purpose of informing

 

 

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1eligible customers of additional resources that may help the
2customer conserve water.
3    (p) In this subsection, "cost of service" means the total
4annual operation and maintenance expenses and capital-related
5costs incurred in meeting the various aspects of providing
6water or sanitary sewer service.
7    Within one year after the effective date of this amendatory
8Act of the 101st General Assembly, an entity subject to the
9federal Safe Drinking Water Act and the federal Clean Water Act
10that serves or provides water or sewer services to a population
11of more than 3,300 shall prepare a summary of its cost of
12service for calendar year 2016.
13    A summary prepared under this subsection shall be submitted
14to the Environmental Protection Agency electronically and
15shall include any standardized forms, tables, or text specified
16by the Director of the Agency. The Agency shall post all such
17summaries on the Agency's website for public viewing and in a
18timely manner after the Agency receives them. If an entity is
19required to submit a cost of service summary or similar
20document to another State agency, the entity may submit its
21report to the Agency in the form required by that State agency.
22(Source: P.A. 94-950, eff. 6-27-06.)
 
23    (415 ILCS 5/17.11 rep.)
24    Section 75-110. The Environmental Protection Act is
25amended by repealing Section 17.11.
 

 

 

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1
Article 85.

 
2    Section 85-5. The Property Tax Code is amended by changing
3Sections 21-295, 21-310, 21-355 as follows:
 
4    (35 ILCS 200/21-295)
5    Sec. 21-295. Creation of indemnity fund.
6    (a) In counties of less than 3,000,000 inhabitants, each
7person purchasing any property at a sale under this Code shall
8pay to the County Collector, prior to the issuance of any
9certificate of purchase, an indemnity fee set by the county
10collector of not more than $20 for each item purchased. A like
11sum shall be paid for each year that all or a portion of
12subsequent taxes are paid by the tax purchaser and posted to
13the tax judgment, sale, redemption and forfeiture record where
14the underlying certificate of purchase is recorded.
15    (a-5) In counties of 3,000,000 or more inhabitants, each
16person purchasing property at a sale under this Code shall pay
17to the County Collector a non-refundable fee of $80 for each
18item purchased plus an additional sum equal to 5% of taxes,
19interest, and penalties paid by the purchaser, including the
20taxes, interest, and penalties paid under Section 21-240. In
21these counties, the certificate holder shall also pay to the
22County Collector a fee of $80 for each year that all or a
23portion of subsequent taxes are paid by the tax purchaser and

 

 

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1posted to the tax judgment, sale, redemption, and forfeiture
2record, plus an additional sum equal to 5% of all subsequent
3taxes, interest, and penalties. The additional 5% fees are not
4required after December 31, 2006. The changes to this
5subsection made by this amendatory Act of the 91st General
6Assembly are not a new enactment, but declaratory of existing
7law.
8    (b) The amount paid prior to issuance of the certificate of
9purchase pursuant to subsection (a) or (a-5) shall be included
10in the purchase price of the property in the certificate of
11purchase and all amounts paid under this Section shall be
12included in the amount required to redeem under Section 21-355,
13except for the non-refundable $80 fee for each item purchased
14at the tax sale as provided in this Section. Except as
15otherwise provided in subsection (b) of Section 21-300, all
16money received under subsection (a) or (a-5) shall be paid by
17the Collector to the County Treasurer of the County in which
18the land is situated, for the purpose of an indemnity fund. The
19County Treasurer, as trustee of that fund, shall invest all of
20that fund, principal and income, in his or her hands from time
21to time, if not immediately required for payments of
22indemnities under subsection (a) of Section 21-305, in
23investments permitted by the Illinois State Board of Investment
24under Article 22A of the Illinois Pension Code. The county
25collector shall report annually to the county clerk on the
26condition and income of the fund. The indemnity fund shall be

 

 

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1held to satisfy judgments obtained against the County
2Treasurer, as trustee of the fund. No payment shall be made
3from the fund, except upon a judgment of the court which
4ordered the issuance of a tax deed.
5(Source: P.A. 100-1070, eff. 1-1-19.)
 
6    (35 ILCS 200/21-310)
7    Sec. 21-310. Sales in error.
8    (a) When, upon application of the county collector, the
9owner of the certificate of purchase, or a municipality which
10owns or has owned the property ordered sold, it appears to the
11satisfaction of the court which ordered the property sold that
12any of the following subsections are applicable, the court
13shall declare the sale to be a sale in error:
14        (1) the property was not subject to taxation, or all or
15    any part of the lien of taxes sold has become null and void
16    pursuant to Section 21-95 or unenforceable pursuant to
17    subsection (c) of Section 18-250 or subsection (b) of
18    Section 22-40,
19        (2) the taxes or special assessments had been paid
20    prior to the sale of the property,
21        (3) there is a double assessment,
22        (4) the description is void for uncertainty,
23        (5) the assessor, chief county assessment officer,
24    board of review, board of appeals, or other county official
25    has made an error (other than an error of judgment as to

 

 

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1    the value of any property),
2        (5.5) the owner of the homestead property had tendered
3    timely and full payment to the county collector that the
4    owner reasonably believed was due and owing on the
5    homestead property, and the county collector did not apply
6    the payment to the homestead property; provided that this
7    provision applies only to homeowners, not their agents or
8    third-party payors,
9        (6) prior to the tax sale a voluntary or involuntary
10    petition has been filed by or against the legal or
11    beneficial owner of the property requesting relief under
12    the provisions of 11 U.S.C. Chapter 7, 11, 12, or 13,
13        (7) the property is owned by the United States, the
14    State of Illinois, a municipality, or a taxing district, or
15        (8) the owner of the property is a reservist or
16    guardsperson who is granted an extension of his or her due
17    date under Sections 21-15, 21-20, and 21-25 of this Act.
18    (b) When, upon application of the owner of the certificate
19of purchase only, it appears to the satisfaction of the court
20which ordered the property sold that any of the following
21subsections are applicable, the court shall declare the sale to
22be a sale in error:
23        (1) A voluntary or involuntary petition under the
24    provisions of 11 U.S.C. Chapter 7, 11, 12, or 13 has been
25    filed subsequent to the tax sale and prior to the issuance
26    of the tax deed.

 

 

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1        (2) The improvements upon the property sold have been
2    substantially destroyed or rendered uninhabitable or
3    otherwise unfit for occupancy subsequent to the tax sale
4    and prior to the issuance of the tax deed; however, if the
5    court declares a sale in error under this paragraph (2),
6    the court may order the holder of the certificate of
7    purchase to assign the certificate to the county collector
8    if requested by the county collector. The county collector
9    may, upon request of the county, as trustee, or upon
10    request of a taxing district having an interest in the
11    taxes sold, further assign any certificate of purchase
12    received pursuant to this paragraph (2) to the county
13    acting as trustee for taxing districts pursuant to Section
14    21-90 of this Code or to the taxing district having an
15    interest in the taxes sold.
16        (3) There is an interest held by the United States in
17    the property sold which could not be extinguished by the
18    tax deed.
19        (4) The real property contains a hazardous substance,
20    hazardous waste, or underground storage tank that would
21    require cleanup or other removal under any federal, State,
22    or local law, ordinance, or regulation, only if the tax
23    purchaser purchased the property without actual knowledge
24    of the hazardous substance, hazardous waste, or
25    underground storage tank. This paragraph (4) applies only
26    if the owner of the certificate of purchase has made

 

 

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1    application for a sale in error at any time before the
2    issuance of a tax deed. If the court declares a sale in
3    error under this paragraph (4), the court may order the
4    holder of the certificate of purchase to assign the
5    certificate to the county collector if requested by the
6    county collector. The county collector may, upon request of
7    the county, as trustee, or upon request of a taxing
8    district having an interest in the taxes sold, further
9    assign any certificate of purchase received pursuant to
10    this paragraph (4) to the county acting as trustee for
11    taxing districts pursuant to Section 21-90 of this Code or
12    to the taxing district having an interest in the taxes
13    sold.
14    Whenever a court declares a sale in error under this
15subsection (b), the court shall promptly notify the county
16collector in writing. Every such declaration pursuant to any
17provision of this subsection (b) shall be made within the
18proceeding in which the tax sale was authorized.
19    (c) When the county collector discovers, prior to the
20expiration of the period of redemption, that a tax sale should
21not have occurred for one or more of the reasons set forth in
22subdivision (a)(1), (a)(2), (a)(6), or (a)(7) of this Section,
23the county collector shall notify the last known owner of the
24certificate of purchase by certified and regular mail, or other
25means reasonably calculated to provide actual notice, that the
26county collector intends to declare an administrative sale in

 

 

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1error and of the reasons therefor, including documentation
2sufficient to establish the reason why the sale should not have
3occurred. The owner of the certificate of purchase may object
4in writing within 28 days after the date of the mailing by the
5county collector. If an objection is filed, the county
6collector shall not administratively declare a sale in error,
7but may apply to the circuit court for a sale in error as
8provided in subsection (a) of this Section. Thirty days
9following the receipt of notice by the last known owner of the
10certificate of purchase, or within a reasonable time
11thereafter, the county collector shall make a written
12declaration, based upon clear and convincing evidence, that the
13taxes were sold in error and shall deliver a copy thereof to
14the county clerk within 30 days after the date the declaration
15is made for entry in the tax judgment, sale, redemption, and
16forfeiture record pursuant to subsection (d) of this Section.
17The county collector shall promptly notify the last known owner
18of the certificate of purchase of the declaration by regular
19mail and shall promptly pay the amount of the tax sale,
20together with interest and costs as provided in Section 21-315,
21upon surrender of the original certificate of purchase.
22    (d) If a sale is declared to be a sale in error, the county
23clerk shall make entry in the tax judgment, sale, redemption
24and forfeiture record, that the property was erroneously sold,
25and the county collector shall, on demand of the owner of the
26certificate of purchase, refund the amount paid, except for the

 

 

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1non-refundable $80 fee paid, pursuant to Section 21-295, for
2each item purchased at the tax sale, pay any interest and costs
3as may be ordered under Sections 21-315 through 21-335, and
4cancel the certificate so far as it relates to the property.
5The county collector shall deduct from the accounts of the
6appropriate taxing bodies their pro rata amounts paid.
7Alternatively, for sales in error declared under subsection
8(b)(2) or (b)(4), the county collector may request the circuit
9court to direct the county clerk to record any assignment of
10the tax certificate to or from the county collector without
11charging a fee for the assignment. The owner of the certificate
12of purchase shall receive all statutory refunds and payments.
13The county collector shall deduct costs and payments in the
14same manner as if a sale in error had occurred.
15(Source: P.A. 100-890, eff. 1-1-19; 101-379, eff. 1-1-20.)
 
16    (35 ILCS 200/21-355)
17    Sec. 21-355. Amount of redemption. Any person desiring to
18redeem shall deposit an amount specified in this Section with
19the county clerk of the county in which the property is
20situated, in legal money of the United States, or by cashier's
21check, certified check, post office money order or money order
22issued by a financial institution insured by an agency or
23instrumentality of the United States, payable to the county
24clerk of the proper county. The deposit shall be deemed timely
25only if actually received in person at the county clerk's

 

 

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1office prior to the close of business as defined in Section
23-2007 of the Counties Code on or before the expiration of the
3period of redemption or by United States mail with a post
4office cancellation mark dated not less than one day prior to
5the expiration of the period of redemption. The deposit shall
6be in an amount equal to the total of the following:
7        (a) the certificate amount, which shall include all tax
8    principal, special assessments, interest and penalties
9    paid by the tax purchaser together with costs and fees of
10    sale and fees paid under Sections 21-295 and 21-315 through
11    21-335, except for the non-refundable $80 fee paid,
12    pursuant to Section 21-295, for each item purchased at the
13    tax sale;
14        (b) the accrued penalty, computed through the date of
15    redemption as a percentage of the certificate amount, as
16    follows:
17            (1) if the redemption occurs on or before the
18        expiration of 6 months from the date of sale, the
19        certificate amount times the penalty bid at sale;
20            (2) if the redemption occurs after 6 months from
21        the date of sale, and on or before the expiration of 12
22        months from the date of sale, the certificate amount
23        times 2 times the penalty bid at sale;
24            (3) if the redemption occurs after 12 months from
25        the date of sale and on or before the expiration of 18
26        months from the date of sale, the certificate amount

 

 

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1        times 3 times the penalty bid at sale;
2            (4) if the redemption occurs after 18 months from
3        the date of sale and on or before the expiration of 24
4        months from the date of sale, the certificate amount
5        times 4 times the penalty bid at sale;
6            (5) if the redemption occurs after 24 months from
7        the date of sale and on or before the expiration of 30
8        months from the date of sale, the certificate amount
9        times 5 times the penalty bid at sale;
10            (6) if the redemption occurs after 30 months from
11        the date of sale and on or before the expiration of 36
12        months from the date of sale, the certificate amount
13        times 6 times the penalty bid at sale.
14            In the event that the property to be redeemed has
15        been purchased under Section 21-405, the penalty bid
16        shall be 12% per penalty period as set forth in
17        subparagraphs (1) through (6) of this subsection (b).
18        The changes to this subdivision (b)(6) made by this
19        amendatory Act of the 91st General Assembly are not a
20        new enactment, but declaratory of existing law.
21        (c) The total of all taxes, special assessments,
22    accrued interest on those taxes and special assessments and
23    costs charged in connection with the payment of those taxes
24    or special assessments, except for the non-refundable $80
25    fee paid, pursuant to Section 21-295, for each item
26    purchased at the tax sale, which have been paid by the tax

 

 

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1    certificate holder on or after the date those taxes or
2    special assessments became delinquent together with 12%
3    penalty on each amount so paid for each year or portion
4    thereof intervening between the date of that payment and
5    the date of redemption. In counties with less than
6    3,000,000 inhabitants, however, a tax certificate holder
7    may not pay all or part of an installment of a subsequent
8    tax or special assessment for any year, nor shall any
9    tender of such a payment be accepted, until after the
10    second or final installment of the subsequent tax or
11    special assessment has become delinquent or until after the
12    holder of the certificate of purchase has filed a petition
13    for a tax deed under Section 22.30. The person redeeming
14    shall also pay the amount of interest charged on the
15    subsequent tax or special assessment and paid as a penalty
16    by the tax certificate holder. This amendatory Act of 1995
17    applies to tax years beginning with the 1995 taxes, payable
18    in 1996, and thereafter.
19        (d) Any amount paid to redeem a forfeiture occurring
20    subsequent to the tax sale together with 12% penalty
21    thereon for each year or portion thereof intervening
22    between the date of the forfeiture redemption and the date
23    of redemption from the sale.
24        (e) Any amount paid by the certificate holder for
25    redemption of a subsequently occurring tax sale.
26        (f) All fees paid to the county clerk under Section

 

 

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1    22-5.
2        (g) All fees paid to the registrar of titles incident
3    to registering the tax certificate in compliance with the
4    Registered Titles (Torrens) Act.
5        (h) All fees paid to the circuit clerk and the sheriff,
6    a licensed or registered private detective, or the coroner
7    in connection with the filing of the petition for tax deed
8    and service of notices under Sections 22-15 through 22-30
9    and 22-40 in addition to (1) a fee of $35 if a petition for
10    tax deed has been filed, which fee shall be posted to the
11    tax judgement, sale, redemption, and forfeiture record, to
12    be paid to the purchaser or his or her assignee; (2) a fee
13    of $4 if a notice under Section 22-5 has been filed, which
14    fee shall be posted to the tax judgment, sale, redemption,
15    and forfeiture record, to be paid to the purchaser or his
16    or her assignee; (3) all costs paid to record a lis pendens
17    notice in connection with filing a petition under this
18    Code; and (4) if a petition for tax deed has been filed,
19    all fees up to $150 per redemption paid to a registered or
20    licensed title insurance company or title insurance agent
21    for a title search to identify all owners, parties
22    interested, and occupants of the property, to be paid to
23    the purchaser or his or her assignee. The fees in (1) and
24    (2) of this paragraph (h) shall be exempt from the posting
25    requirements of Section 21-360. The costs incurred in
26    causing notices to be served by a licensed or registered

 

 

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1    private detective under Section 22-15, may not exceed the
2    amount that the sheriff would be authorized by law to
3    charge if those notices had been served by the sheriff.
4        (i) All fees paid for publication of notice of the tax
5    sale in accordance with Section 22-20.
6        (j) All sums paid to any county, city, village or
7    incorporated town for reimbursement under Section 22-35.
8        (k) All costs and expenses of receivership under
9    Section 21-410, to the extent that these costs and expenses
10    exceed any income from the property in question, if the
11    costs and expenditures have been approved by the court
12    appointing the receiver and a certified copy of the order
13    or approval is filed and posted by the certificate holder
14    with the county clerk. Only actual costs expended may be
15    posted on the tax judgment, sale, redemption and forfeiture
16    record.
17(Source: P.A. 98-1162, eff. 6-1-15.)
 
18
Article 90.

 
19    Section 90-5. The Housing Authorities Act is amended by
20changing Sections 8.23, 17, and 25 and by adding Sections
218.10a, 25.01, and 25.02 as follows:
 
22    (310 ILCS 10/8.10a new)
23    Sec. 8.10a. Criminal history record data.

 

 

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1    (a) Every Authority organized under the provisions of this
2Act shall collect the following:
3        (1) the number of applications submitted for admission
4    to federally assisted housing;
5        (2) the number of applications submitted for admission
6    to federally assisted housing by individuals with a
7    criminal history record, if the Authority is conducting
8    criminal history records checks of applicants or other
9    household members;
10        (3) the number of applications for admission to
11    federally assisted housing that were denied on the basis of
12    a criminal history record, if the Authority is conducting
13    criminal history records checks of applicants or other
14    household members;
15        (4) the number of criminal records assessment hearings
16    requested by applicants for housing who were denied
17    federally assisted housing on the basis of a criminal
18    history records check; and
19        (5) the number of denials for federally assisted
20    housing that were overturned after a criminal records
21    assessment hearing.
22    (b) The information required in this Section shall be
23disaggregated by the race, ethnicity, and sex of applicants for
24housing. This information shall be reported to the Illinois
25Criminal Justice Information Authority and shall be compiled
26and reported to the General Assembly annually by the Illinois

 

 

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1Criminal Justice Information Authority. The Illinois Criminal
2Justice Information Authority shall also make this report
3publicly available, including on its website, without fee.
 
4    (310 ILCS 10/8.23)
5    Sec. 8.23. Notification to leaseholders of the prospective
6presence of individuals with a felony conviction felons in
7housing authority facilities; eviction.
8    (a) Immediately upon the receipt of the written
9notification, from the Department of Corrections under
10subsection (c) of Section 3-14-1 of the Unified Code of
11Corrections, that an individual with a felony conviction a
12felon intends to reside, upon release from custody, at an
13address that is a housing facility owned, managed, operated, or
14leased by the Authority, the Authority must provide written
15notification to the leaseholder residing at that address.
16    (b) The Authority may not evict the leaseholder described
17in subsection (a) of this Section unless (i) federal law
18prohibits the individual with a felony conviction from residing
19at a housing facility owned, managed, operated, or leased by
20the Authority and (ii) the Authority proves by a preponderance
21of the evidence that the leaseholder had knowledge of and
22consents to the individual's felon's intent to reside at the
23leaseholder's address.
24(Source: P.A. 91-506, eff. 8-13-99.)
 

 

 

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1    (310 ILCS 10/17)  (from Ch. 67 1/2, par. 17)
2    Sec. 17. Definitions. The following terms, wherever used or
3referred to in this Act shall have the following respective
4meanings, unless in any case a different meaning clearly
5appears from the context:
6    (a) "Authority" or "housing authority" shall mean a
7municipal corporation organized in accordance with the
8provisions of this Act for the purposes, with the powers and
9subject to the restrictions herein set forth.
10    (b) "Area" or "area of operation" shall mean: (1) in the
11case of an authority which is created hereunder for a city,
12village, or incorporated town, the area within the territorial
13boundaries of said city, village, or incorporated town, and so
14long as no county housing authority has jurisdiction therein,
15the area within three miles from such territorial boundaries,
16except any part of such area located within the territorial
17boundaries of any other city, village, or incorporated town;
18and (2) in the case of a county shall include all of the county
19except the area of any city, village or incorporated town
20located therein in which there is an Authority. When an
21authority is created for a county subsequent to the creation of
22an authority for a city, village or incorporated town within
23the same county, the area of operation of the authority for
24such city, village or incorporated town shall thereafter be
25limited to the territory of such city, village or incorporated
26town, but the authority for such city, village or incorporated

 

 

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1town may continue to operate any project developed in whole or
2in part in an area previously a part of its area of operation,
3or may contract with the county housing authority with respect
4to the sale, lease, development or administration of such
5project. When an authority is created for a city, village or
6incorporated town subsequent to the creation of a county
7housing authority which previously included such city, village
8or incorporated town within its area of operation, such county
9housing authority shall have no power to create any additional
10project within the city, village or incorporated town, but any
11existing project in the city, village or incorporated town
12currently owned and operated by the county housing authority
13shall remain in the ownership, operation, custody and control
14of the county housing authority.
15    (b-5) "Criminal history record" means a record of arrest,
16complaint, indictment, or any disposition arising therefrom.
17    (b-6) "Criminal history report" means any written, oral, or
18other communication of information that includes criminal
19history record information about a natural person that is
20produced by a law enforcement agency, a court, a consumer
21reporting agency, or a housing screening agency or business.
22    (c) "Presiding officer" shall mean the presiding officer of
23the board of a county, or the mayor or president of a city,
24village or incorporated town, as the case may be, for which an
25Authority is created hereunder.
26    (d) "Commissioner" shall mean one of the members of an

 

 

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1Authority appointed in accordance with the provisions of this
2Act.
3    (e) "Government" shall include the State and Federal
4governments and the governments of any subdivisions, agency or
5instrumentality, corporate or otherwise, of either of them.
6    (f) "Department" shall mean the Department of Commerce and
7Economic Opportunity.
8    (g) "Project" shall include all lands, buildings, and
9improvements, acquired, owned, leased, managed or operated by a
10housing authority, and all buildings and improvements
11constructed, reconstructed or repaired by a housing authority,
12designed to provide housing accommodations and facilities
13appurtenant thereto (including community facilities and
14stores) which are planned as a unit, whether or not acquired or
15constructed at one time even though all or a portion of the
16buildings are not contiguous or adjacent to one another; and
17the planning of buildings and improvements, the acquisition of
18property, the demolition of existing structures, the clearing
19of land, the construction, reconstruction, and repair of
20buildings or improvements and all other work in connection
21therewith. As provided in Sections 8.14 to 8.18, inclusive,
22"project" also means, for Housing Authorities for
23municipalities of less than 500,000 population and for
24counties, the conservation of urban areas in accordance with an
25approved conservation plan. "Project" shall also include (1)
26acquisition of (i) a slum or blighted area or a deteriorated or

 

 

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1deteriorating area which is predominantly residential in
2character, or (ii) any other deteriorated or deteriorating area
3which is to be developed or redeveloped for predominantly
4residential uses, or (iii) platted urban or suburban land which
5is predominantly open and which because of obsolete platting,
6diversity of ownership, deterioration of structures or of site
7improvements, or otherwise substantially impairs or arrests
8the sound growth of the community and which is to be developed
9for predominantly residential uses, or (iv) open unplatted
10urban or suburban land necessary for sound community growth
11which is to be developed for predominantly residential uses, or
12(v) any other area where parcels of land remain undeveloped
13because of improper platting, delinquent taxes or special
14assessments, scattered or uncertain ownerships, clouds on
15title, artificial values due to excessive utility costs, or any
16other impediments to the use of such area for predominantly
17residential uses; (2) installation, construction, or
18reconstruction of streets, utilities, and other site
19improvements essential to the preparation of sites for uses in
20accordance with the development or redevelopment plan; and (3)
21making the land available for development or redevelopment by
22private enterprise or public agencies (including sale, initial
23leasing, or retention by the local public agency itself). If in
24any city, village or incorporated town there exists a land
25clearance commission created under the "Blighted Areas
26Redevelopment Act of 1947" having the same area of operation as

 

 

10100HB2685sam003- 141 -LRB101 09685 RJF 74543 a

1a housing authority created in and for any such municipality
2such housing authority shall have no power to acquire land of
3the character described in subparagraph (iii), (iv) or (v) of
4paragraph 1 of the definition of "project" for the purpose of
5development or redevelopment by private enterprise.
6    (h) "Community facilities" shall include lands, buildings,
7and equipment for recreation or social assembly, for education,
8health or welfare activities and other necessary utilities
9primarily for use and benefit of the occupants of housing
10accommodations to be constructed, reconstructed, repaired or
11operated hereunder.
12    (i) "Real property" shall include lands, lands under water,
13structures, and any and all easements, franchises and
14incorporeal hereditaments and estates, and rights, legal and
15equitable, including terms for years and liens by way of
16judgment, mortgage or otherwise.
17    (j) The term "governing body" shall include the city
18council of any city, the president and board of trustees of any
19village or incorporated town, the council of any city or
20village, and the county board of any county.
21    (k) The phrase "individual, association, corporation or
22organization" shall include any individual, private
23corporation, limited or general partnership, limited liability
24company, insurance company, housing corporation, neighborhood
25redevelopment corporation, non-profit corporation,
26incorporated or unincorporated group or association,

 

 

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1educational institution, hospital, or charitable organization,
2and any mutual ownership or cooperative organization.
3    (l) "Conservation area", for the purpose of the exercise of
4the powers granted in Sections 8.14 to 8.18, inclusive, for
5housing authorities for municipalities of less than 500,000
6population and for counties, means an area of not less than 2
7acres in which the structures in 50% or more of the area are
8residential having an average age of 35 years or more. Such an
9area is not yet a slum or blighted area as defined in the
10Blighted Areas Redevelopment Act of 1947, but such an area by
11reason of dilapidation, obsolescence, deterioration or illegal
12use of individual structures, overcrowding of structures and
13community facilities, conversion of residential units into
14non-residential use, deleterious land use or layout, decline of
15physical maintenance, lack of community planning, or any
16combination of these factors may become a slum and blighted
17area.
18    (m) "Conservation plan" means the comprehensive program
19for the physical development and replanning of a "Conservation
20Area" as defined in paragraph (l) embodying the steps required
21to prevent such Conservation Area from becoming a slum and
22blighted area.
23    (n) "Fair use value" means the fair cash market value of
24real property when employed for the use contemplated by a
25"Conservation Plan" in municipalities of less than 500,000
26population and in counties.

 

 

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1    (o) "Community facilities" means, in relation to a
2"Conservation Plan", those physical plants which implement,
3support and facilitate the activities, services and interests
4of education, recreation, shopping, health, welfare, religion
5and general culture.
6    (p) "Loan agreement" means any agreement pursuant to which
7an Authority agrees to loan the proceeds of its revenue bonds
8issued with respect to a multifamily rental housing project or
9other funds of the Authority to any person upon terms providing
10for loan repayment installments at least sufficient to pay when
11due all principal of, premium, if any, and interest on the
12revenue bonds of the Authority issued with respect to the
13multifamily rental housing project, and providing for
14maintenance, insurance, and other matters as may be deemed
15desirable by the Authority.
16    (q) "Multifamily rental housing" means any rental project
17designed for mixed-income or low-income occupancy.
18(Source: P.A. 94-793, eff. 5-19-06; 95-887, eff. 8-22-08.)
 
19    (310 ILCS 10/25)   (from Ch. 67 1/2, par. 25)
20    Sec. 25. Rentals and tenant selection. In the operation or
21management of housing projects an Authority shall at all times
22observe the following duties with respect to rentals and tenant
23selection:
24    (a) It shall not accept any person as a tenant in any
25dwelling in a housing project if the persons who would occupy

 

 

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1the dwelling have an aggregate annual income which equals or
2exceeds the amount which the Authority determines (which
3determination shall be conclusive) to be necessary in order to
4enable such persons to secure safe, sanitary and uncongested
5dwelling accommodations within the area of operation of the
6Authority and to provide an adequate standard of living for
7themselves.
8    (b) It may rent or lease the dwelling accommodations
9therein only at rentals within the financial reach of persons
10who lack the amount of income which it determines (pursuant to
11(a) of this Section) to be necessary in order to obtain safe,
12sanitary and uncongested dwelling accommodations within the
13area of operation of the Authority and to provide an adequate
14standard of living.
15    (c) It may rent or lease to a tenant a dwelling consisting
16of the number of rooms (but no greater number) which it deems
17necessary to provide safe and sanitary accommodations to the
18proposed occupants thereof, without overcrowding.
19    (d) It shall not change the residency preference of any
20prospective tenant once the application has been accepted by
21the authority.
22    (e) It may refuse to certify or recertify applicants,
23current tenants, or other household members if, after due
24notice and an impartial hearing, that person or any of the
25proposed occupants of the dwelling has, prior to or during a
26term of tenancy or occupancy in any housing project operated by

 

 

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1an Authority, been convicted of a criminal offense relating to
2the sale or distribution of controlled substances under the
3laws of this State, the United States or any other state. If an
4Authority desires a criminal history records check of all 50
5states or a 50-state confirmation of a conviction record, the
6Authority shall submit the fingerprints of the relevant
7applicant, tenant, or other household member to the Department
8of State Police in a manner prescribed by the Department of
9State Police. These fingerprints shall be checked against the
10fingerprint records now and hereafter filed in the Department
11of State Police and Federal Bureau of Investigation criminal
12history records databases. The Department of State Police shall
13charge a fee for conducting the criminal history records check,
14which shall be deposited in the State Police Services Fund and
15shall not exceed the actual cost of the records check. The
16Department of State Police shall furnish pursuant to positive
17identification, records of conviction to the Authority. An
18Authority that requests a criminal history report of an
19applicant or other household member shall inform the applicant
20at the time of the request that the applicant or other
21household member may provide additional mitigating information
22for consideration with the application for housing.
23    (e-5) Criminal history record assessment. The Authority
24shall use the following process when evaluating the criminal
25history report of an applicant or other household member to
26determine whether to rent or lease to the applicant:

 

 

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1        (1) Unless required by federal law, the Authority shall
2    not consider the following information when determining
3    whether to rent or lease to an applicant for housing:
4            (A) an arrest or detention;
5            (B) criminal charges or indictments, and the
6        nature of any disposition arising therefrom, that do
7        not result in a conviction;
8            (C) a conviction that has been vacated, ordered,
9        expunged, sealed, or impounded by a court;
10            (D) matters under the jurisdiction of the Illinois
11        Juvenile Court;
12            (E) the amount of time since the applicant or other
13        household member completed his or her sentence in
14        prison or jail or was released from prison or jail; or
15            (F) convictions occurring more than 180 days prior
16        to the date the applicant submitted his or her
17        application for housing.
18        (2) The Authority shall create a system for the
19    independent review of criminal history reports:
20            (A) the reviewer shall examine the applicant's or
21        other household member's criminal history report and
22        report only those records not prohibited under
23        paragraph (1) to the person or persons making the
24        decision about whether to offer housing to the
25        applicant; and
26            (B) the reviewer shall not participate in any final

 

 

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1        decisions on an applicant's application for housing.
2        (3) The Authority may deny an applicant's application
3    for housing because of the applicant's or another household
4    member's criminal history record, only if the Authority:
5            (A) determines that the denial is required under
6        federal law; or
7            (B) determines that there is a direct relationship
8        between the applicant or the other household member's
9        criminal history record and a risk to the health,
10        safety, and peaceful enjoyment of fellow tenants. The
11        mere existence of a criminal history record does not
12        demonstrate such a risk.
13    (f) It may, if a tenant has created or maintained a threat
14constituting a serious and clear danger to the health or safety
15of other tenants or Authority employees, after 3 days' written
16notice of termination and without a hearing, file suit against
17any such tenant for recovery of possession of the premises. The
18tenant shall be given the opportunity to contest the
19termination in the court proceedings. A serious and clear
20danger to the health or safety of other tenants or Authority
21employees shall include, but not be limited to, any of the
22following activities of the tenant or of any other person on
23the premises with the consent of the tenant:
24        (1) Physical assault or the threat of physical assault.
25        (2) Illegal use of a firearm or other weapon or the
26    threat to use in an illegal manner a firearm or other

 

 

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1    weapon.
2        (3) Possession of a controlled substance by the tenant
3    or any other person on the premises with the consent of the
4    tenant if the tenant knew or should have known of the
5    possession by the other person of a controlled substance,
6    unless the controlled substance was obtained directly from
7    or pursuant to a valid prescription.
8        (4) Streetgang membership as defined in the Illinois
9    Streetgang Terrorism Omnibus Prevention Act.
10    The management of low-rent public housing projects
11financed and developed under the U.S. Housing Act of 1937 shall
12be in accordance with that Act.
13    Nothing contained in this Section or any other Section of
14this Act shall be construed as limiting the power of an
15Authority to vest in a bondholder or trustee the right, in the
16event of a default by the Authority, to take possession and
17operate a housing project or cause the appointment of a
18receiver thereof, free from all restrictions imposed by this
19Section or any other Section of this Act.
20(Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)
 
21    (310 ILCS 10/25.01 new)
22    Sec. 25.01. Notification. Before denying an applicant's
23housing application based, in whole or in part, on a criminal
24history record permitted under this Act, the Authority shall
25provide the opportunity for an individual assessment. The

 

 

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1applicant for housing shall be provided with a clear, written
2notice that:
3        (1) explains why the Authority has determined that the
4    criminal history report it obtained requires further
5    review, including detailed information on whether the need
6    for further review is based on federal law or on the
7    Authority's determination that the criminal history record
8    of the applicant or other household member indicates a risk
9    to the health, safety, or peaceful enjoyment of housing for
10    other residents;
11        (2) identifies the specific conviction or convictions
12    upon which the Authority relied upon when making its
13    decision to deny the applicant's housing application;
14        (3) explains that the applicant has a right to an
15    individualized criminal records assessment hearing
16    regarding the Authority's decision to deny the applicant's
17    housing application, as set forth in Section 25.02;
18        (4) provides clear instructions on what to expect
19    during an individualized criminal records assessment
20    hearing, as set forth in Section 25.02;
21        (5) explains that if the applicant chooses not to
22    participate in an individualized criminal records
23    assessment hearing, the applicant's application will be
24    denied; and
25        (6) provides a copy of the criminal history report the
26    Authority used to make its determination.
 

 

 

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1    (310 ILCS 10/25.02 new)
2    Sec. 25.02. Criminal records assessment hearing.
3    (a) An applicant has the right to an individualized
4criminal records assessment hearing if the applicant's
5application for housing requires further review because of the
6applicant's or another household member's criminal history
7record. The individualized criminal records assessment hearing
8shall allow the applicant or other household member to:
9        (1) contest the accuracy of the criminal history
10    record;
11        (2) contest the relevance of the criminal history
12    record to the Authority's decision to deny the applicant's
13    application for housing; and
14        (3) provide mitigating evidence concerning the
15    applicant's or other household member's criminal
16    conviction or evidence of rehabilitation.
17    (b) The Authority shall not rent or lease to any other
18person the available housing unit that is the subject of the
19applicant's individualized criminal records assessment hearing
20until after the Authority has issued a final ruling.
21    (c) The Authority shall adopt rules for criminal records
22assessment hearings in accordance with Article 10 of the
23Illinois Administrative Procedure Act.
 
24
Article 95.

 

 

 

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1    Section 95-5. The Department of Central Management
2Services Law of the Civil Administrative Code of Illinois is
3amended by adding Section 405-535 as follows:
 
4    (20 ILCS 405/405-535 new)
5    Sec. 405-535. Race and gender wage reports.
6    (a) Each State agency and public institution of higher
7education shall annually submit to the Department a report,
8categorized by both race and gender, specifying the respective
9wage earnings of employees of that State agency or public
10institution of higher education.
11    (b) The Department shall compile the information submitted
12under this Section, and make that information available to the
13public on the Internet website of the Department.
14    (c) The Department shall annually submit a report of the
15information compiled under this Section to the Governor, the
16General Assembly, and the Business Enterprise Council for
17Minorities, Women, and Persons with Disabilities.
18    (d) As used in this Section:
19    "Public institution of higher education" has the meaning
20provided in Section 1 of the Board of Higher Education Act.
21    "State agency" has the meaning provided in subsection (b)
22of Section 405-5.
 
23    Section 95-10. The Business Enterprise for Minorities,

 

 

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1Women, and Persons with Disabilities Act is amended by adding
2Section 8k as follows:
 
3    (30 ILCS 575/8k new)
4    Sec. 8k. Race and gender wage report. The Department of
5Central Management Services shall annually submit a report to
6the Council, categorized by both race and gender, specifying
7the respective wage earnings of State employees as compiled
8under Section 405-535 of the Department of Central Management
9Law of the Civil Administrative Code of Illinois.
 
10
Article 100.

 
11    Section 100-1. Short title. This Act may be cited as the
12Community Development Loan Guarantee Act.
 
13    Section 100-5. Policy. The General Assembly finds that it
14is vital for the State to invest in community economic
15development, particularly in communities which have been
16historically excluded from investment opportunities due to
17redlining, discriminatory banking practices, and racism. The
18purpose of this Act is to establish a Program for guaranteeing
19small business loans and consumer loans to borrowers who would
20otherwise not qualify in communities of color and low-income
21communities.
 

 

 

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1    Section 100-10. Definitions. As used in this Act:
2    "Financial institution" means a bank, a savings and loan
3association, a savings bank, a credit union, a minority
4depository institution as designated by the Federal Deposit
5Insurance Corporation, or a community development financial
6institution certified by the United States Treasury Community
7Development Financial Institutions Fund, which is operating in
8the State of Illinois.
9    "Loan Guarantee Account" means an account at a financial
10institution outside the State Treasury of which the State
11Treasurer is custodian with the purpose of guaranteeing loans
12made by a financial institution in accordance with this Act.
 
13    Section 100-15. Establishment of the Loan Guarantee
14Program. The State Treasurer may establish at any eligible
15financial institution a Loan Guarantee Account as a special
16account outside the State treasury and with the State Treasurer
17as custodian. This Account may be used to cover the losses on
18guaranteed loans at the participating financial institution.
 
19    Section 100-20. Eligible institutions. The State Treasurer
20shall determine the eligibility of financial institutions to
21participate in the Program. In addition to any other
22requirements of this Act and in accordance with any applicable
23federal law or program, the State Treasurer in determining
24eligibility of financial institutions shall consider (i) the

 

 

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1financial institution's commitment to low-income communities
2as defined in Section 45D(e) of the Internal Revenue Code of
31986 codified at 26 U.S.C. 45D(e), and (ii) the financial
4institution's commitment to communities considered
5disproportionately impacted areas, depressed areas, or
6enterprise zones as determined, designated, or certified by the
7Department of Commerce and Economic Opportunity in accordance
8with any applicable federal law or program.
 
9    Section 100-25. Fees. The State Treasurer may establish, as
10a component of the Program, fees of no more than 5% of the
11total guaranteed loan amount. The fees shall be deposited into
12the Loan Guarantee Account.
 
13    Section 100-30. Use of the Loan Guarantee Account.
14    (a) Moneys in the Account may be used by the participating
15financial institution to cover losses on guaranteed loans up to
16the full amount in the Account or the amount of loss, whichever
17is lesser. The State of Illinois and the State Treasurer shall
18not be responsible for any losses in excess of the full amount
19in the Loan Guarantee Account at the financial institution.
20    (b) The State Treasurer may set a cap on the total funds
21held in any Loan Guarantee Account at any participating
22financial institution. Funds in excess of the cap may be
23withdrawn by the Treasurer.
24    (c) The State Treasurer shall withdraw the full amount in

 

 

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1the Account in the event the Loan Guarantee Program is
2discontinued, or the financial institution leaves the Program.
 
3    Section 100-35. Limitations on Funding. The State
4Treasurer may use up to $10,000,000 of investment earnings each
5year for the Loan Guarantee Program, provided that no more than
6$50,000,000 may be used for guaranteeing loans at any given
7time.
 
8    Section 100-40. Rules. The State Treasurer shall adopt
9rules that are necessary and proper to implement and administer
10this Act including, but not limited to, fees and eligibility.
 
11
Article 110.

 
12    Section 110-5. The Deposit of State Moneys Act is amended
13by changing Section 16.3 as follows:
 
14    (15 ILCS 520/16.3)
15    Sec. 16.3. Consideration of financial institution's
16commitment to its community.
17    (a) In addition to any other requirements of this Act, the
18State Treasurer shall is authorized to consider the financial
19institution's record and current level of financial commitment
20to its local community when deciding whether to deposit State
21funds in that financial institution. The State Treasurer may

 

 

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1consider factors including, but not necessarily limited to:
2        (1) for financial institutions subject to the federal
3    Community Reinvestment Act of 1977, the current and
4    historical ratings that the financial institution has
5    received, to the extent that those ratings are publicly
6    available, under the federal Community Reinvestment Act of
7    1977;
8        (2) any changes in ownership, management, policies, or
9    practices of the financial institution that may affect the
10    level of the financial institution's commitment to its
11    community;
12        (3) the financial impact that the withdrawal or denial
13    of deposits of State funds might have on the financial
14    institution; and
15        (4) the financial impact to the State as a result of
16    withdrawing State funds or refusing to deposit additional
17    State funds in the financial institution; .
18        (5) the financial institution's commitment to
19    low-income communities, as defined in Section 45D(e) of the
20    Internal Revenue Code of 1986 codified at 26 U.S.C.
21    45D(e); and
22        (6) the financial institution's commitment to
23    communities considered disproportionately impacted areas,
24    depressed areas, or enterprise zones as determined,
25    designated, or certified by the Department of Commerce and
26    Economic Opportunity in accordance with any applicable

 

 

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1    federal law or program.
2    (a-5) Effective January 1, 2022, no State funds may be
3deposited in a financial institution subject to the federal
4Community Reinvestment Act of 1977, unless the institution has
5a current rating of satisfactory or outstanding under the
6federal Community Reinvestment Act of 1977.
7    (b) Nothing in this Section shall be construed as
8authorizing the State Treasurer to conduct an examination or
9investigation of a financial institution or to receive
10information that is not publicly available and the disclosure
11of which is otherwise prohibited by law.
12(Source: P.A. 93-251, eff. 7-1-04.)
 
13    Section 110-10. The Public Funds Investment Act is amended
14by changing Section 8 as follows:
 
15    (30 ILCS 235/8)
16    Sec. 8. Consideration of financial institution's
17commitment to its community.
18    (a) In addition to any other requirements of this Act, a
19public agency shall is authorized to consider the financial
20institution's record and current level of financial commitment
21to its local community when deciding whether to deposit public
22funds in that financial institution. The public agency may
23consider factors including, but not necessarily limited to:
24        (1) for financial institutions subject to the federal

 

 

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1    Community Reinvestment Act of 1977, the current and
2    historical ratings that the financial institution has
3    received, to the extent that those ratings are publicly
4    available, under the federal Community Reinvestment Act of
5    1977;
6        (2) any changes in ownership, management, policies, or
7    practices of the financial institution that may affect the
8    level of the financial institution's commitment to its
9    community;
10        (3) the financial impact that the withdrawal or denial
11    of deposits of public funds might have on the financial
12    institution;
13        (4) the financial impact to the public agency as a
14    result of withdrawing public funds or refusing to deposit
15    additional public funds in the financial institution; and
16        (5) any additional burden on the resources of the
17    public agency that might result from ceasing to maintain
18    deposits of public funds at the financial institution under
19    consideration.
20    (a-5) Effective January 1, 2022, no public funds may be
21deposited in a financial institution subject to the federal
22Community Reinvestment Act of 1977, unless the institution has
23a current rating of satisfactory or outstanding under the
24federal Community Reinvestment Act of 1977.
25    (b) Nothing in this Section shall be construed as
26authorizing the public agency to conduct an examination or

 

 

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1investigation of a financial institution or to receive
2information that is not publicly available and the disclosure
3of which is otherwise prohibited by law.
4(Source: P.A. 93-251, eff. 7-1-04.)
 
5
Article 115.

 
6    Section 115-1. Short title. This Act may be cited as the
7Commission on Equity and Inclusion Act.
 
8    Section 115-5. Commission on Equity and Inclusion.
9    (a) There is hereby created the Commission on Equity and
10Inclusion, which shall consist of 7 members appointed by the
11Governor with the advice and consent of the Senate. No more
12than 4 members shall be of the same political party. The
13Governor shall designate one member as chairperson, who shall
14be the chief administrative and executive officer of the
15Commission, and shall have general supervisory authority over
16all personnel of the Commission.
17    (b) Of the members first appointed, 4 shall be appointed
18for a term to expire on the third Monday of January, 2023, and
193 (including the Chairperson) shall be appointed for a term to
20expire on the third Monday of January, 2025.
21    Thereafter, each member shall serve for a term of 4 years
22and until his or her successor is appointed and qualified;
23except that any member chosen to fill a vacancy occurring

 

 

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1otherwise than by expiration of a term shall be appointed only
2for the unexpired term of the member whom he or she shall
3succeed and until his or her successor is appointed and
4qualified.
5    (c) In case of a vacancy on the Commission during the
6recess of the Senate, the Governor shall make a temporary
7appointment until the next meeting of the Senate, when he or
8she shall appoint a person to fill the vacancy. Any person so
9nominated who is confirmed by the Senate shall hold office
10during the remainder of the term and until his or her successor
11is appointed and qualified. Vacancies in the Commission shall
12not impair the right of the remaining members to exercise all
13the powers of the Commission.
14    (d) The Chairperson of the Commission shall be compensated
15at the rate of $128,000 per year, or as otherwise set by this
16Section, during his or her service as Chairperson, and each
17other member shall be compensated at the rate of $121,856 per
18year, or as otherwise set by this Section. In addition, all
19members of the Commission shall be reimbursed for expenses
20actually and necessarily incurred by them in the performance of
21their duties. Members of the Commission are eligible to receive
22pension under the State Employees' Retirement System of
23Illinois as provided under Article 14 of the Illinois Pension
24Code.
25    (e) The budget established for the Commission for any given
26fiscal year shall be no less than that established for the

 

 

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1Human Rights Commission for that same fiscal year.
 
2    Section 115-10. Powers and duties. In addition to the other
3powers and duties which may be prescribed in this Act or
4elsewhere, the Commission shall have the following powers and
5duties:
6        (1) The Commission shall have a role in all State and
7    university procurement by facilitating and streamlining
8    communications between the Business Enterprise Council for
9    Minorities, Women, and Persons with Disabilities, the
10    purchasing entities, the Chief Procurement Officers, and
11    others.
12        (2) The Commission may create a scoring evaluation for
13    State agency directors, public university presidents and
14    chancellors, and public community college presidents. The
15    scoring shall be based on the following 3 principles: (i)
16    increasing capacity; (ii) growing revenue; and (iii)
17    enhancing credentials. These principles should be the
18    foundation of the agency compliance plan required under
19    Section 6 of the Business Enterprise for Minorities, Women,
20    and Persons with Disabilities Act.
21        (3) The Commission shall jointly appoint, with the
22    Executive Ethics Commission, all Chief Procurement
23    Officers as provided under Section 1-15.15 of the Illinois
24    Procurement Code.
25        (4) The Commission shall exercise the oversight powers

 

 

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1    and duties provided to it under Section 5-7 of the Illinois
2    Procurement Code.
3        (5) The Commission, working with State agencies, shall
4    provide support for diversity in State hiring.
5        (6) The Commission shall oversee the implementation of
6    diversity training of the State workforce.
7        (7) Each January, and as otherwise frequently as may be
8    deemed necessary and appropriate by the Commission, the
9    Commission shall propose and submit to the Governor and the
10    General Assembly legislative changes to increase inclusion
11    and diversity in State government.
12        (8) The Commission shall have oversight over the
13    following entities:
14            (A) the Illinois African-American Family
15        Commission;
16            (B) the Illinois Latino Family Commission;
17            (C) the Asian American Family Commission;
18            (D) the Illinois Muslim American Advisory Council;
19            (E) the Illinois African-American Fair Contracting
20        Commission created under Executive Order 2018-07; and
21            (F) the Business Enterprise Council for
22        Minorities, Women, and Persons with Disabilities.
23        (9) The Commission shall adopt any rules necessary for
24    the implementation and administration of the requirements
25    of this Act.
 

 

 

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1    Section 115-100. The Department of Transportation Law of
2the Civil Administrative Code of Illinois is amended by adding
3Section 2705-597 as follows:
 
4    (20 ILCS 2705/2705-597 new)
5    Sec. 2705-597. Equal Employment Opportunity Contract
6Compliance Officers. Notwithstanding any Department policy or
7rule to the contrary, the Secretary shall have jurisdiction
8over all Equal Employment Opportunity Contract Compliance
9Officers within the Department, or within districts controlled
10by the Department, and shall be responsible for the evaluation
11of such officers.
 
12    Section 115-105. The Illinois African-American Family
13Commission Act is amended by changing Section 30 and by adding
14Section 35 as follows:
 
15    (20 ILCS 3903/30)
16    Sec. 30. Reporting. The Illinois African-American Family
17Commission shall annually report to the Governor, and the
18General Assembly, and the Commission on Equity and Inclusion on
19the Commission's progress toward its goals and objectives.
20(Source: P.A. 93-867, eff. 8-5-04.)
 
21    (20 ILCS 3903/35 new)
22    Sec. 35. Oversight. Notwithstanding any provision of law

 

 

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1to the contrary, the Commission on Equity and Inclusion
2established under the Commission on Equity and Inclusion Act
3shall have general oversight of the operations of the Illinois
4African-American Family Commission.
 
5    Section 115-110. The Asian American Family Commission Act
6is amended by changing Section 20 and by adding Section 25 as
7follows:
 
8    (20 ILCS 3916/20)
9    Sec. 20. Report. The Asian American Family Commission shall
10annually report to the Governor, and the General Assembly, and
11the Commission on Equity and Inclusion on the Commission's
12progress toward its goals and objectives.
13(Source: P.A. 101-392, eff. 1-1-20.)
 
14    (20 ILCS 3916/25 new)
15    Sec. 25. Oversight. Notwithstanding any provision of law to
16the contrary, the Commission on Equity and Inclusion
17established under the Commission on Equity and Inclusion Act
18shall have general oversight of the operations of the Asian
19American Family Commission.
 
20    Section 115-115. The Illinois Latino Family Commission Act
21is amended by changing Section 30 and by adding Section 35 as
22follows:
 

 

 

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1    (20 ILCS 3983/30)
2    Sec. 30. Reporting. The Illinois Latino Family Commission
3shall annually report to the Governor, and the General
4Assembly, and the Commission on Equity and Inclusion on the
5Commission's progress towards its goals and objectives.
6(Source: P.A. 95-619, eff. 9-14-07.)
 
7    (20 ILCS 3983/35 new)
8    Sec. 35. Oversight. Notwithstanding any provision of law to
9the contrary, the Commission on Equity and Inclusion
10established under the Commission on Equity and Inclusion Act
11shall have general oversight of the operations of the Illinois
12Latino Family Commission.
 
13    Section 115-120. The Illinois Muslim American Advisory
14Council Act is amended by changing Section 30 and by adding
15Section 35 as follows:
 
16    (20 ILCS 5110/30)
17    Sec. 30. Reports. The Council shall issue semi-annual
18reports on its policy recommendations by June 30th and December
1931st of each year to the Governor, and the General Assembly,
20and the Commission on Equity and Inclusion.
21(Source: P.A. 100-459, eff. 8-25-17.)
 

 

 

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1    (20 ILCS 5110/35 new)
2    Sec. 35. Oversight. Notwithstanding any provision of law to
3the contrary, the Commission on Equity and Inclusion
4established under the Commission on Equity and Inclusion Act
5shall have general oversight of the operations of the Council.
 
6    Section 115-125. The Illinois Procurement Code is amended
7by changing Sections 1-15.15, 1-15.16, 5-7, 5-30, 10-20, 20-10,
820-25, 20-30, 20-60, 35-15, 35-30, 40-20, 50-20, and 50-35 as
9follows:
 
10    (30 ILCS 500/1-15.15)
11    Sec. 1-15.15. Chief Procurement Officer. "Chief
12Procurement Officer" means any of the 4 persons appointed or
13approved by a majority of the members of the Executive Ethics
14Commission and approved by a majority vote of the Commission on
15Equity and Inclusion:
16        (1) for procurements for construction and
17    construction-related services committed by law to the
18    jurisdiction or responsibility of the Capital Development
19    Board, the independent chief procurement officer appointed
20    by a majority of the members of the Executive Ethics
21    Commission and approved by a majority vote of the
22    Commission on Equity and Inclusion.
23        (2) for procurements for all construction,
24    construction-related services, operation of any facility,

 

 

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1    and the provision of any construction or
2    construction-related service or activity committed by law
3    to the jurisdiction or responsibility of the Illinois
4    Department of Transportation, including the direct or
5    reimbursable expenditure of all federal funds for which the
6    Department of Transportation is responsible or accountable
7    for the use thereof in accordance with federal law,
8    regulation, or procedure, the independent chief
9    procurement officer appointed by the Secretary of
10    Transportation with the consent of the majority of the
11    members of the Executive Ethics Commission and approved by
12    a majority vote of the Commission on Equity and Inclusion.
13        (3) for all procurements made by a public institution
14    of higher education, the independent chief procurement
15    officer appointed by a majority of the members of the
16    Executive Ethics Commission and approved by a majority vote
17    of the Commission on Equity and Inclusion.
18        (4) (Blank).
19        (5) for all other procurements, the independent chief
20    procurement officer appointed by a majority of the members
21    of the Executive Ethics Commission and approved by a
22    majority vote of the Commission on Equity and Inclusion.
23(Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see
24Section 5 of P.A. 96-793 for the effective date of changes made
25by P.A. 96-795); 96-920, eff. 7-1-10.)
 

 

 

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1    (30 ILCS 500/5-7 new)
2    Sec. 5-7. Commission on Equity and Inclusion; powers and
3duties.
4    (a) The Commission on Equity and Inclusion, as created
5under the Commission on Equity and Inclusion Act, shall have
6the powers and duties provided under this Section with respect
7to this Code. Nothing in this Section shall be construed as
8overriding the authority and duties of the Procurement Policy
9Board as provided under Section 5-5. The powers and duties of
10the Commission as provided under this Section shall be
11exercised alongside, but independent of, that of the
12Procurement Policy Board.
13    (b) The Commission shall have the authority and
14responsibility to review, comment upon, and recommend,
15consistent with this Code, rules and practices governing the
16procurement, management, control, and disposal of supplies,
17services, professional or artistic services, construction, and
18real property and capital improvement leases procured by the
19State. The Commission shall also have the authority to
20recommend a program for professional development and provide
21opportunities for training in procurement practices and
22policies to chief procurement officers and their staffs in
23order to ensure that all procurement is conducted in an
24efficient, professional, and appropriately transparent manner.
25    (c) Upon a majority vote of its members, the Commission may
26review a contract. Upon a three-fifths vote of its members, the

 

 

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1Commission may propose procurement rules for consideration by
2chief procurement officers. These proposals shall be published
3in each volume of the Procurement Bulletin. Except as otherwise
4provided by law, the Commission shall act upon the vote of a
5majority of its members who have been appointed and are
6serving.
7    (d) The Commission may review, study, and hold public
8hearings concerning the implementation and administration of
9this Code. Each chief procurement officer, State purchasing
10officer, procurement compliance monitor, and State agency
11shall cooperate with the Commission, provide information to the
12Commission, and be responsive to the Commission in the
13Commission's conduct of its reviews, studies, and hearings.
14    (e) Upon a three-fifths vote of its members, the Commission
15shall review a proposal, bid, or contract and issue a
16recommendation to void a contract or reject a proposal or bid
17based on any conflict of interest or violation of this Code. A
18recommendation of the Commission shall be delivered to the
19appropriate chief procurement officer and Executive Ethics
20Commission within 7 calendar days and must be published in the
21next volume of the Procurement Bulletin. The bidder, offeror,
22potential contractor, contractor, or subcontractor shall have
2315 calendar days to provide a written response to the notice,
24and a hearing before the Commission on the alleged conflict of
25interest or violation shall be held upon request by the bidder,
26offeror, potential contractor, contractor, or subcontractor.

 

 

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1The requested hearing date and time shall be determined by the
2Commission, but in no event shall the hearing occur later than
315 calendar days after the date of the request.
 
4    (30 ILCS 500/5-30)
5    Sec. 5-30. Proposed contracts; Procurement Policy Board;
6Commission on Equity and Inclusion.
7    (a) Except as provided in subsection (c), within 14
8calendar days after notice of the awarding or letting of a
9contract has appeared in the Procurement Bulletin in accordance
10with subsection (b) of Section 15-25, the Board or the
11Commission on Equity and Inclusion may request in writing from
12the contracting agency and the contracting agency shall
13promptly, but in no event later than 7 calendar days after
14receipt of the request, provide to the requesting entity Board,
15by electronic or other means satisfactory to the requesting
16entity Board, documentation in the possession of the
17contracting agency concerning the proposed contract. Nothing
18in this subsection is intended to waive or abrogate any
19privilege or right of confidentiality authorized by law.
20    (b) No contract subject to this Section may be entered into
21until the 14-day period described in subsection (a) has
22expired, unless the contracting agency requests in writing that
23the Board and the Commission on Equity and Inclusion waive the
24period and the Board and the Commission on Equity and Inclusion
25grant grants the waiver in writing.

 

 

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1    (c) This Section does not apply to (i) contracts entered
2into under this Code for small and emergency procurements as
3those procurements are defined in Article 20 and (ii) contracts
4for professional and artistic services that are nonrenewable,
5one year or less in duration, and have a value of less than
6$20,000. If requested in writing by the Board or the Commission
7on Equity and Inclusion, however, the contracting agency must
8promptly, but in no event later than 10 calendar days after
9receipt of the request, transmit to the Board or the Commission
10on Equity and Inclusion a copy of the contract for an emergency
11procurement and documentation in the possession of the
12contracting agency concerning the contract.
13(Source: P.A. 100-43, eff. 8-9-17.)
 
14    (30 ILCS 500/10-20)
15    Sec. 10-20. Independent chief procurement officers.
16    (a) Appointment. Beginning with appointments made on or
17after the effective date of this amendatory Act of the 101st
18General Assembly Within 60 calendar days after the effective
19date of this amendatory Act of the 96th General Assembly, the
20Executive Ethics Commission with the majority vote approval of
21the Commission on Equity and Inclusion, and with the advice and
22consent of the Senate, shall appoint or approve 4 chief
23procurement officers, one for each of the following categories:
24        (1) for procurements for construction and
25    construction-related services committed by law to the

 

 

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1    jurisdiction or responsibility of the Capital Development
2    Board;
3        (2) for procurements for all construction,
4    construction-related services, operation of any facility,
5    and the provision of any service or activity committed by
6    law to the jurisdiction or responsibility of the Illinois
7    Department of Transportation, including the direct or
8    reimbursable expenditure of all federal funds for which the
9    Department of Transportation is responsible or accountable
10    for the use thereof in accordance with federal law,
11    regulation, or procedure, the chief procurement officer
12    recommended for approval under this item appointed by the
13    Secretary of Transportation after consent by the Executive
14    Ethics Commission and the Commission on Equity and
15    Inclusion;
16        (3) for all procurements made by a public institution
17    of higher education; and
18        (4) for all other procurement needs of State agencies.
19    A chief procurement officer shall be responsible to the
20Executive Ethics Commission and the Commission on Equity and
21Inclusion but must be located within the agency that the
22officer provides with procurement services. The chief
23procurement officer for higher education shall have an office
24located within the Board of Higher Education, unless otherwise
25designated by the Executive Ethics Commission and the
26Commission on Equity and Inclusion. The chief procurement

 

 

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1officer for all other procurement needs of the State shall have
2an office located within the Department of Central Management
3Services, unless otherwise designated by the Executive Ethics
4Commission and the Commission on Equity and Inclusion.
5    (b) Terms and independence. Each chief procurement officer
6appointed under this Section shall serve for a term of 5 years
7beginning on the date of the officer's appointment. The chief
8procurement officer may be removed for cause after a hearing by
9the Executive Ethics Commission and the Commission on Equity
10and Inclusion. The Governor or the director of a State agency
11directly responsible to the Governor may institute a complaint
12against the officer by filing such complaint with the
13Commission. The Commission shall have a hearing based on the
14complaint. The officer and the complainant shall receive
15reasonable notice of the hearing and shall be permitted to
16present their respective arguments on the complaint. After the
17hearing, the Commission shall make a finding on the complaint
18and may take disciplinary action, including but not limited to
19removal of the officer.
20    The salary of a chief procurement officer shall be
21established by the Executive Ethics Commission and the
22Commission on Equity and Inclusion and may not be diminished
23during the officer's term. The salary may not exceed the salary
24of the director of a State agency for which the officer serves
25as chief procurement officer.
26    (c) Qualifications. In addition to any other requirement or

 

 

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1qualification required by State law, each chief procurement
2officer must within 12 months of employment be a Certified
3Professional Public Buyer or a Certified Public Purchasing
4Officer, pursuant to certification by the Universal Public
5Purchasing Certification Council, and must reside in Illinois.
6    (d) Fiduciary duty. Each chief procurement officer owes a
7fiduciary duty to the State.
8    (e) Vacancy. In case of a vacancy in one or more of the
9offices of a chief procurement officer under this Section
10during the recess of the Senate, the Executive Ethics
11Commission, with the approval of the Commission on Equity and
12Inclusion, shall make a temporary appointment until the next
13meeting of the Senate, when the Executive Ethics Commission,
14with the approval of the Commission on Equity and Inclusion,
15shall nominate some person to fill the office, and any person
16so nominated who is confirmed by the Senate shall hold office
17during the remainder of the term and until his or her successor
18is appointed and qualified. If the Senate is not in session at
19the time this amendatory Act of the 96th General Assembly takes
20effect, the Executive Ethics Commission shall make a temporary
21appointment as in the case of a vacancy.
22    (f) (Blank).
23    (g) (Blank).
24(Source: P.A. 98-1076, eff. 1-1-15.)
 
25    (30 ILCS 500/20-10)

 

 

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1    (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
298-1076, 99-906, 100-43, and 101-31)
3    Sec. 20-10. Competitive sealed bidding; reverse auction.
4    (a) Conditions for use. All contracts shall be awarded by
5competitive sealed bidding except as otherwise provided in
6Section 20-5.
7    (b) Invitation for bids. An invitation for bids shall be
8issued and shall include a purchase description and the
9material contractual terms and conditions applicable to the
10procurement.
11    (c) Public notice. Public notice of the invitation for bids
12shall be published in the Illinois Procurement Bulletin at
13least 14 calendar days before the date set in the invitation
14for the opening of bids.
15    (d) Bid opening. Bids shall be opened publicly or through
16an electronic procurement system in the presence of one or more
17witnesses at the time and place designated in the invitation
18for bids. The name of each bidder, including earned and applied
19bid credit from the Illinois Works Jobs Program Act, the amount
20of each bid, and other relevant information as may be specified
21by rule shall be recorded. After the award of the contract, the
22winning bid and the record of each unsuccessful bid shall be
23open to public inspection.
24    (e) Bid acceptance and bid evaluation. Bids shall be
25unconditionally accepted without alteration or correction,
26except as authorized in this Code. Bids shall be evaluated

 

 

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1based on the requirements set forth in the invitation for bids,
2which may include criteria to determine acceptability such as
3inspection, testing, quality, workmanship, delivery, and
4suitability for a particular purpose. Those criteria that will
5affect the bid price and be considered in evaluation for award,
6such as discounts, transportation costs, and total or life
7cycle costs, shall be objectively measurable. The invitation
8for bids shall set forth the evaluation criteria to be used.
9    (f) Correction or withdrawal of bids. Correction or
10withdrawal of inadvertently erroneous bids before or after
11award, or cancellation of awards of contracts based on bid
12mistakes, shall be permitted in accordance with rules. After
13bid opening, no changes in bid prices or other provisions of
14bids prejudicial to the interest of the State or fair
15competition shall be permitted. All decisions to permit the
16correction or withdrawal of bids based on bid mistakes shall be
17supported by written determination made by a State purchasing
18officer.
19    (g) Award. The contract shall be awarded with reasonable
20promptness by written notice to the lowest responsible and
21responsive bidder whose bid meets the requirements and criteria
22set forth in the invitation for bids, except when a State
23purchasing officer determines it is not in the best interest of
24the State and by written explanation determines another bidder
25shall receive the award. The explanation shall appear in the
26appropriate volume of the Illinois Procurement Bulletin. The

 

 

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1written explanation must include:
2        (1) a description of the agency's needs;
3        (2) a determination that the anticipated cost will be
4    fair and reasonable;
5        (3) a listing of all responsible and responsive
6    bidders; and
7        (4) the name of the bidder selected, the total contract
8    price, and the reasons for selecting that bidder.
9    Each chief procurement officer may adopt guidelines to
10implement the requirements of this subsection (g).
11    The written explanation shall be filed with the Legislative
12Audit Commission, and the Commission on Equity and Inclusion,
13and the Procurement Policy Board, and be made available for
14inspection by the public, within 30 calendar days after the
15agency's decision to award the contract.
16    (h) Multi-step sealed bidding. When it is considered
17impracticable to initially prepare a purchase description to
18support an award based on price, an invitation for bids may be
19issued requesting the submission of unpriced offers to be
20followed by an invitation for bids limited to those bidders
21whose offers have been qualified under the criteria set forth
22in the first solicitation.
23    (i) Alternative procedures. Notwithstanding any other
24provision of this Act to the contrary, the Director of the
25Illinois Power Agency may create alternative bidding
26procedures to be used in procuring professional services under

 

 

10100HB2685sam003- 178 -LRB101 09685 RJF 74543 a

1Section 1-56, subsections (a) and (c) of Section 1-75 and
2subsection (d) of Section 1-78 of the Illinois Power Agency Act
3and Section 16-111.5(c) of the Public Utilities Act and to
4procure renewable energy resources under Section 1-56 of the
5Illinois Power Agency Act. These alternative procedures shall
6be set forth together with the other criteria contained in the
7invitation for bids, and shall appear in the appropriate volume
8of the Illinois Procurement Bulletin.
9    (j) Reverse auction. Notwithstanding any other provision
10of this Section and in accordance with rules adopted by the
11chief procurement officer, that chief procurement officer may
12procure supplies or services through a competitive electronic
13auction bidding process after the chief procurement officer
14determines that the use of such a process will be in the best
15interest of the State. The chief procurement officer shall
16publish that determination in his or her next volume of the
17Illinois Procurement Bulletin.
18    An invitation for bids shall be issued and shall include
19(i) a procurement description, (ii) all contractual terms,
20whenever practical, and (iii) conditions applicable to the
21procurement, including a notice that bids will be received in
22an electronic auction manner.
23    Public notice of the invitation for bids shall be given in
24the same manner as provided in subsection (c).
25    Bids shall be accepted electronically at the time and in
26the manner designated in the invitation for bids. During the

 

 

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1auction, a bidder's price shall be disclosed to other bidders.
2Bidders shall have the opportunity to reduce their bid prices
3during the auction. At the conclusion of the auction, the
4record of the bid prices received and the name of each bidder
5shall be open to public inspection.
6    After the auction period has terminated, withdrawal of bids
7shall be permitted as provided in subsection (f).
8    The contract shall be awarded within 60 calendar days after
9the auction by written notice to the lowest responsible bidder,
10or all bids shall be rejected except as otherwise provided in
11this Code. Extensions of the date for the award may be made by
12mutual written consent of the State purchasing officer and the
13lowest responsible bidder.
14    This subsection does not apply to (i) procurements of
15professional and artistic services, (ii) telecommunications
16services, communication services, and information services,
17and (iii) contracts for construction projects, including
18design professional services.
19(Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19.)
 
20    (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
2198-1076, 99-906, 100-43, and 101-31)
22    Sec. 20-10. Competitive sealed bidding; reverse auction.
23    (a) Conditions for use. All contracts shall be awarded by
24competitive sealed bidding except as otherwise provided in
25Section 20-5.

 

 

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1    (b) Invitation for bids. An invitation for bids shall be
2issued and shall include a purchase description and the
3material contractual terms and conditions applicable to the
4procurement.
5    (c) Public notice. Public notice of the invitation for bids
6shall be published in the Illinois Procurement Bulletin at
7least 14 calendar days before the date set in the invitation
8for the opening of bids.
9    (d) Bid opening. Bids shall be opened publicly or through
10an electronic procurement system in the presence of one or more
11witnesses at the time and place designated in the invitation
12for bids. The name of each bidder, including earned and applied
13bid credit from the Illinois Works Jobs Program Act, the amount
14of each bid, and other relevant information as may be specified
15by rule shall be recorded. After the award of the contract, the
16winning bid and the record of each unsuccessful bid shall be
17open to public inspection.
18    (e) Bid acceptance and bid evaluation. Bids shall be
19unconditionally accepted without alteration or correction,
20except as authorized in this Code. Bids shall be evaluated
21based on the requirements set forth in the invitation for bids,
22which may include criteria to determine acceptability such as
23inspection, testing, quality, workmanship, delivery, and
24suitability for a particular purpose. Those criteria that will
25affect the bid price and be considered in evaluation for award,
26such as discounts, transportation costs, and total or life

 

 

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1cycle costs, shall be objectively measurable. The invitation
2for bids shall set forth the evaluation criteria to be used.
3    (f) Correction or withdrawal of bids. Correction or
4withdrawal of inadvertently erroneous bids before or after
5award, or cancellation of awards of contracts based on bid
6mistakes, shall be permitted in accordance with rules. After
7bid opening, no changes in bid prices or other provisions of
8bids prejudicial to the interest of the State or fair
9competition shall be permitted. All decisions to permit the
10correction or withdrawal of bids based on bid mistakes shall be
11supported by written determination made by a State purchasing
12officer.
13    (g) Award. The contract shall be awarded with reasonable
14promptness by written notice to the lowest responsible and
15responsive bidder whose bid meets the requirements and criteria
16set forth in the invitation for bids, except when a State
17purchasing officer determines it is not in the best interest of
18the State and by written explanation determines another bidder
19shall receive the award. The explanation shall appear in the
20appropriate volume of the Illinois Procurement Bulletin. The
21written explanation must include:
22        (1) a description of the agency's needs;
23        (2) a determination that the anticipated cost will be
24    fair and reasonable;
25        (3) a listing of all responsible and responsive
26    bidders; and

 

 

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1        (4) the name of the bidder selected, the total contract
2    price, and the reasons for selecting that bidder.
3    Each chief procurement officer may adopt guidelines to
4implement the requirements of this subsection (g).
5    The written explanation shall be filed with the Legislative
6Audit Commission, and the Commission on Equity and Inclusion,
7and the Procurement Policy Board, and be made available for
8inspection by the public, within 30 days after the agency's
9decision to award the contract.
10    (h) Multi-step sealed bidding. When it is considered
11impracticable to initially prepare a purchase description to
12support an award based on price, an invitation for bids may be
13issued requesting the submission of unpriced offers to be
14followed by an invitation for bids limited to those bidders
15whose offers have been qualified under the criteria set forth
16in the first solicitation.
17    (i) Alternative procedures. Notwithstanding any other
18provision of this Act to the contrary, the Director of the
19Illinois Power Agency may create alternative bidding
20procedures to be used in procuring professional services under
21subsections (a) and (c) of Section 1-75 and subsection (d) of
22Section 1-78 of the Illinois Power Agency Act and Section
2316-111.5(c) of the Public Utilities Act and to procure
24renewable energy resources under Section 1-56 of the Illinois
25Power Agency Act. These alternative procedures shall be set
26forth together with the other criteria contained in the

 

 

10100HB2685sam003- 183 -LRB101 09685 RJF 74543 a

1invitation for bids, and shall appear in the appropriate volume
2of the Illinois Procurement Bulletin.
3    (j) Reverse auction. Notwithstanding any other provision
4of this Section and in accordance with rules adopted by the
5chief procurement officer, that chief procurement officer may
6procure supplies or services through a competitive electronic
7auction bidding process after the chief procurement officer
8determines that the use of such a process will be in the best
9interest of the State. The chief procurement officer shall
10publish that determination in his or her next volume of the
11Illinois Procurement Bulletin.
12    An invitation for bids shall be issued and shall include
13(i) a procurement description, (ii) all contractual terms,
14whenever practical, and (iii) conditions applicable to the
15procurement, including a notice that bids will be received in
16an electronic auction manner.
17    Public notice of the invitation for bids shall be given in
18the same manner as provided in subsection (c).
19    Bids shall be accepted electronically at the time and in
20the manner designated in the invitation for bids. During the
21auction, a bidder's price shall be disclosed to other bidders.
22Bidders shall have the opportunity to reduce their bid prices
23during the auction. At the conclusion of the auction, the
24record of the bid prices received and the name of each bidder
25shall be open to public inspection.
26    After the auction period has terminated, withdrawal of bids

 

 

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1shall be permitted as provided in subsection (f).
2    The contract shall be awarded within 60 calendar days after
3the auction by written notice to the lowest responsible bidder,
4or all bids shall be rejected except as otherwise provided in
5this Code. Extensions of the date for the award may be made by
6mutual written consent of the State purchasing officer and the
7lowest responsible bidder.
8    This subsection does not apply to (i) procurements of
9professional and artistic services, (ii) telecommunications
10services, communication services, and information services,
11and (iii) contracts for construction projects, including
12design professional services.
13(Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19.)
 
14    (30 ILCS 500/20-25)
15    Sec. 20-25. Sole source procurements.
16    (a) In accordance with standards set by rule, contracts may
17be awarded without use of the specified method of source
18selection when there is only one economically feasible source
19for the item. A State contract may be awarded as a sole source
20contract unless an interested party submits a written request
21for a public hearing at which the chief procurement officer and
22purchasing agency present written justification for the
23procurement method. Any interested party may present
24testimony. A sole source contract where a hearing was requested
25by an interested party may be awarded after the hearing is

 

 

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1conducted with the approval of the chief procurement officer.
2    (b) This Section may not be used as a basis for amending a
3contract for professional or artistic services if the amendment
4would result in an increase in the amount paid under the
5contract of more than 5% of the initial award, or would extend
6the contract term beyond the time reasonably needed for a
7competitive procurement, not to exceed 2 months.
8    (c) Notice of intent to enter into a sole source contract
9shall be provided to the Procurement Policy Board and the
10Commission on Equity and Inclusion, and published in the online
11electronic Bulletin at least 14 calendar days before the public
12hearing required in subsection (a). The notice shall include
13the sole source procurement justification form prescribed by
14the Board, a description of the item to be procured, the
15intended sole source contractor, and the date, time, and
16location of the public hearing. A copy of the notice and all
17documents provided at the hearing shall be included in the
18subsequent Procurement Bulletin.
19    (d) By August 1 each year, each chief procurement officer
20shall file a report with the General Assembly identifying each
21contract the officer sought under the sole source procurement
22method and providing the justification given for seeking sole
23source as the procurement method for each of those contracts.
24(Source: P.A. 100-43, eff. 8-9-17.)
 
25    (30 ILCS 500/20-30)

 

 

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1    Sec. 20-30. Emergency purchases.
2    (a) Conditions for use. In accordance with standards set by
3rule, a purchasing agency may make emergency procurements
4without competitive sealed bidding or prior notice when there
5exists a threat to public health or public safety, or when
6immediate expenditure is necessary for repairs to State
7property in order to protect against further loss of or damage
8to State property, to prevent or minimize serious disruption in
9critical State services that affect health, safety, or
10collection of substantial State revenues, or to ensure the
11integrity of State records; provided, however, that the term of
12the emergency purchase shall be limited to the time reasonably
13needed for a competitive procurement, not to exceed 90 calendar
14days. A contract may be extended beyond 90 calendar days if the
15chief procurement officer determines additional time is
16necessary and that the contract scope and duration are limited
17to the emergency. Prior to execution of the extension, the
18chief procurement officer must hold a public hearing and
19provide written justification for all emergency contracts.
20Members of the public may present testimony. Emergency
21procurements shall be made with as much competition as is
22practicable under the circumstances, and shall include best
23efforts to include contractors certified under the Business
24Enterprise Program. A written description of the basis for the
25emergency and reasons for the selection of the particular
26contractor shall be included in the contract file.

 

 

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1    (b) Notice. Notice of all emergency procurements shall be
2provided to the Procurement Policy Board and the Commission on
3Equity and Inclusion, and published in the online electronic
4Bulletin no later than 5 calendar days after the contract is
5awarded. Notice of intent to extend an emergency contract shall
6be provided to the Procurement Policy Board and the Commission
7on Equity and Inclusion, and published in the online electronic
8Bulletin at least 14 calendar days before the public hearing.
9Notice shall include at least a description of the need for the
10emergency purchase, the contractor, and if applicable, the
11date, time, and location of the public hearing. A copy of this
12notice and all documents provided at the hearing shall be
13included in the subsequent Procurement Bulletin. Before the
14next appropriate volume of the Illinois Procurement Bulletin,
15the purchasing agency shall publish in the Illinois Procurement
16Bulletin a copy of each written description and reasons and the
17total cost of each emergency procurement made during the
18previous month. When only an estimate of the total cost is
19known at the time of publication, the estimate shall be
20identified as an estimate and published. When the actual total
21cost is determined, it shall also be published in like manner
22before the 10th day of the next succeeding month.
23    (c) Statements. A chief procurement officer making a
24procurement under this Section shall file statements with the
25Procurement Policy Board, the Commission on Equity and
26Inclusion, and the Auditor General within 10 calendar days

 

 

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1after the procurement setting forth the amount expended, the
2name of the contractor involved, and the conditions and
3circumstances requiring the emergency procurement. When only
4an estimate of the cost is available within 10 calendar days
5after the procurement, the actual cost shall be reported
6immediately after it is determined. At the end of each fiscal
7quarter, the Auditor General shall file with the Legislative
8Audit Commission and the Governor a complete listing of all
9emergency procurements reported during that fiscal quarter.
10The Legislative Audit Commission shall review the emergency
11procurements so reported and, in its annual reports, advise the
12General Assembly of procurements that appear to constitute an
13abuse of this Section.
14    (d) Quick purchases. The chief procurement officer may
15promulgate rules extending the circumstances by which a
16purchasing agency may make purchases under this Section,
17including but not limited to the procurement of items available
18at a discount for a limited period of time. The chief
19procurement officer shall adopt rules regarding good faith and
20best efforts from contractors and companies certified under the
21Business Enterprise Program.
22    (e) The changes to this Section made by this amendatory Act
23of the 96th General Assembly apply to procurements executed on
24or after its effective date.
25(Source: P.A. 100-43, eff. 8-9-17.)
 

 

 

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1    (30 ILCS 500/20-60)
2    Sec. 20-60. Duration of contracts.
3    (a) Maximum duration. A contract may be entered into for
4any period of time deemed to be in the best interests of the
5State but not exceeding 10 years inclusive, beginning January
61, 2010, of proposed contract renewals. Third parties may lease
7State-owned dark fiber networks for any period of time deemed
8to be in the best interest of the State, but not exceeding 20
9years. The length of a lease for real property or capital
10improvements shall be in accordance with the provisions of
11Section 40-25. The length of energy conservation program
12contracts or energy savings contracts or leases shall be in
13accordance with the provisions of Section 25-45. A contract for
14bond or mortgage insurance awarded by the Illinois Housing
15Development Authority, however, may be entered into for any
16period of time less than or equal to the maximum period of time
17that the subject bond or mortgage may remain outstanding.
18    (b) Subject to appropriation. All contracts made or entered
19into shall recite that they are subject to termination and
20cancellation in any year for which the General Assembly fails
21to make an appropriation to make payments under the terms of
22the contract.
23    (c) The chief procurement officer shall file a proposed
24extension or renewal of a contract with the Procurement Policy
25Board and the Commission on Equity and Inclusion prior to
26entering into any extension or renewal if the cost associated

 

 

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1with the extension or renewal exceeds $249,999. The Procurement
2Policy Board or the Commission on Equity and Inclusion may
3object to the proposed extension or renewal within 30 calendar
4days and require a hearing before the Board or the Commission
5on Equity and Inclusion prior to entering into the extension or
6renewal. If the Procurement Policy Board or the Commission on
7Equity and Inclusion does not object within 30 calendar days or
8takes affirmative action to recommend the extension or renewal,
9the chief procurement officer may enter into the extension or
10renewal of a contract. This subsection does not apply to any
11emergency procurement, any procurement under Article 40, or any
12procurement exempted by Section 1-10(b) of this Code. If any
13State agency contract is paid for in whole or in part with
14federal-aid funds, grants, or loans and the provisions of this
15subsection would result in the loss of those federal-aid funds,
16grants, or loans, then the contract is exempt from the
17provisions of this subsection in order to remain eligible for
18those federal-aid funds, grants, or loans, and the State agency
19shall file notice of this exemption with the Procurement Policy
20Board or the Commission on Equity and Inclusion prior to
21entering into the proposed extension or renewal. Nothing in
22this subsection permits a chief procurement officer to enter
23into an extension or renewal in violation of subsection (a). By
24August 1 each year, the Procurement Policy Board and the
25Commission on Equity and Inclusion shall each shall file a
26report with the General Assembly identifying for the previous

 

 

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1fiscal year (i) the proposed extensions or renewals that were
2filed and whether such extensions and renewals were objected to
3with the Board and whether the Board objected and (ii) the
4contracts exempt from this subsection.
5    (d) Notwithstanding the provisions of subsection (a) of
6this Section, the Department of Innovation and Technology may
7enter into leases for dark fiber networks for any period of
8time deemed to be in the best interests of the State but not
9exceeding 20 years inclusive. The Department of Innovation and
10Technology may lease dark fiber networks from third parties
11only for the primary purpose of providing services (i) to the
12offices of Governor, Lieutenant Governor, Attorney General,
13Secretary of State, Comptroller, or Treasurer and State
14agencies, as defined under Section 5-15 of the Civil
15Administrative Code of Illinois or (ii) for anchor
16institutions, as defined in Section 7 of the Illinois Century
17Network Act. Dark fiber network lease contracts shall be
18subject to all other provisions of this Code and any applicable
19rules or requirements, including, but not limited to,
20publication of lease solicitations, use of standard State
21contracting terms and conditions, and approval of vendor
22certifications and financial disclosures.
23    (e) As used in this Section, "dark fiber network" means a
24network of fiber optic cables laid but currently unused by a
25third party that the third party is leasing for use as network
26infrastructure.

 

 

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1(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
2101-81, eff. 7-12-19.)
 
3    (30 ILCS 500/35-15)
4    Sec. 35-15. Prequalification.
5    (a) The chief procurement officer for matters other than
6construction and the higher education chief procurement
7officer shall each develop appropriate and reasonable
8prequalification standards and categories of professional and
9artistic services.
10    (b) The prequalifications and categorizations shall be
11submitted to the Procurement Policy Board and the Commission on
12Equity and Inclusion, and published for public comment prior to
13their submission to the Joint Committee on Administrative Rules
14for approval.
15    (c) The chief procurement officer for matters other than
16construction and the higher education chief procurement
17officer shall each also assemble and maintain a comprehensive
18list of prequalified and categorized businesses and persons.
19    (d) Prequalification shall not be used to bar or prevent
20any qualified business or person from bidding or responding to
21invitations for bid or requests for proposal.
22(Source: P.A. 100-43, eff. 8-9-17.)
 
23    (30 ILCS 500/35-30)
24    Sec. 35-30. Awards.

 

 

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1    (a) All State contracts for professional and artistic
2services, except as provided in this Section, shall be awarded
3using the competitive request for proposal process outlined in
4this Section.
5    (b) For each contract offered, the chief procurement
6officer, State purchasing officer, or his or her designee shall
7use the appropriate standard solicitation forms available from
8the chief procurement officer for matters other than
9construction or the higher education chief procurement
10officer.
11    (c) Prepared forms shall be submitted to the chief
12procurement officer for matters other than construction or the
13higher education chief procurement officer, whichever is
14appropriate, for publication in its Illinois Procurement
15Bulletin and circulation to the chief procurement officer for
16matters other than construction or the higher education chief
17procurement officer's list of prequalified vendors. Notice of
18the offer or request for proposal shall appear at least 14
19calendar days before the response to the offer is due.
20    (d) All interested respondents shall return their
21responses to the chief procurement officer for matters other
22than construction or the higher education chief procurement
23officer, whichever is appropriate, which shall open and record
24them. The chief procurement officer for matters other than
25construction or higher education chief procurement officer
26then shall forward the responses, together with any information

 

 

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1it has available about the qualifications and other State work
2of the respondents.
3    (e) After evaluation, ranking, and selection, the
4responsible chief procurement officer, State purchasing
5officer, or his or her designee shall notify the chief
6procurement officer for matters other than construction or the
7higher education chief procurement officer, whichever is
8appropriate, of the successful respondent and shall forward a
9copy of the signed contract for the chief procurement officer
10for matters other than construction or higher education chief
11procurement officer's file. The chief procurement officer for
12matters other than construction or higher education chief
13procurement officer shall publish the names of the responsible
14procurement decision-maker, the agency letting the contract,
15the successful respondent, a contract reference, and value of
16the let contract in the next appropriate volume of the Illinois
17Procurement Bulletin.
18    (f) For all professional and artistic contracts with
19annualized value that exceeds $100,000, evaluation and ranking
20by price are required. Any chief procurement officer or State
21purchasing officer, but not their designees, may select a
22respondent other than the lowest respondent by price. In any
23case, when the contract exceeds the $100,000 threshold and the
24lowest respondent is not selected, the chief procurement
25officer or the State purchasing officer shall forward together
26with the contract notice of who the low respondent by price was

 

 

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1and a written decision as to why another was selected to the
2chief procurement officer for matters other than construction
3or the higher education chief procurement officer, whichever is
4appropriate. The chief procurement officer for matters other
5than construction or higher education chief procurement
6officer shall publish as provided in subsection (e) of Section
735-30, but shall include notice of the chief procurement
8officer's or State purchasing officer's written decision.
9    (g) The chief procurement officer for matters other than
10construction and higher education chief procurement officer
11may each refine, but not contradict, this Section by
12promulgating rules for submission to the Procurement Policy
13Board and the Commission on Equity and Inclusion, and then to
14the Joint Committee on Administrative Rules. Any refinement
15shall be based on the principles and procedures of the federal
16Architect-Engineer Selection Law, Public Law 92-582 Brooks
17Act, and the Architectural, Engineering, and Land Surveying
18Qualifications Based Selection Act; except that pricing shall
19be an integral part of the selection process.
20(Source: P.A. 100-43, eff. 8-9-17.)
 
21    (30 ILCS 500/40-20)
22    Sec. 40-20. Request for information.
23    (a) Conditions for use. Leases shall be procured by request
24for information except as otherwise provided in Section 40-15.
25    (b) Form. A request for information shall be issued and

 

 

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1shall include:
2        (1) the type of property to be leased;
3        (2) the proposed uses of the property;
4        (3) the duration of the lease;
5        (4) the preferred location of the property; and
6        (5) a general description of the configuration
7    desired.
8    (c) Public notice. Public notice of the request for
9information for the availability of real property to lease
10shall be published in the appropriate volume of the Illinois
11Procurement Bulletin at least 14 calendar days before the date
12set forth in the request for receipt of responses and shall
13also be published in similar manner in a newspaper of general
14circulation in the community or communities where the using
15agency is seeking space.
16    (d) Response. The request for information response shall
17consist of written information sufficient to show that the
18respondent can meet minimum criteria set forth in the request.
19State purchasing officers may enter into discussions with
20respondents for the purpose of clarifying State needs and the
21information supplied by the respondents. On the basis of the
22information supplied and discussions, if any, a State
23purchasing officer shall make a written determination
24identifying the responses that meet the minimum criteria set
25forth in the request for information. Negotiations shall be
26entered into with all qualified respondents for the purpose of

 

 

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1securing a lease that is in the best interest of the State. A
2written report of the negotiations shall be retained in the
3lease files and shall include the reasons for the final
4selection. All leases shall be reduced to writing; one copy
5shall be filed with the Comptroller in accordance with the
6provisions of Section 20-80, and one copy each shall be filed
7with the Board and the Commission on Equity and Inclusion.
8    When the lowest response by price is not selected, the
9State purchasing officer shall forward to the chief procurement
10officer, along with the lease, notice of the identity of the
11lowest respondent by price and written reasons for the
12selection of a different response. The chief procurement
13officer shall publish the written reasons in the next volume of
14the Illinois Procurement Bulletin.
15    (e) Board and Commission on Equity and Inclusion review.
16Upon receipt of (1) any proposed lease of real property of
1710,000 or more square feet or (2) any proposed lease of real
18property with annual rent payments of $100,000 or more, the
19Procurement Policy Board and the Commission on Equity and
20Inclusion shall have 30 calendar days to review the proposed
21lease. If neither the Board nor the Commission on Equity and
22Inclusion the Board does not object in writing within 30
23calendar days, then the proposed lease shall become effective
24according to its terms as submitted. The leasing agency shall
25make any and all materials available to the Board and the
26Commission on Equity and Inclusion to assist in the review

 

 

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1process.
2(Source: P.A. 98-1076, eff. 1-1-15.)
 
3    (30 ILCS 500/50-20)
4    Sec. 50-20. Exemptions. The appropriate chief procurement
5officer may file a request with the Executive Ethics Commission
6to exempt named individuals from the prohibitions of Section
750-13 when, in his or her judgment, the public interest in
8having the individual in the service of the State outweighs the
9public policy evidenced in that Section. The Executive Ethics
10Commission may grant an exemption after a public hearing at
11which any person may present testimony. The chief procurement
12officer shall publish notice of the date, time, and location of
13the hearing in the online electronic Bulletin at least 14
14calendar days prior to the hearing and provide notice to the
15individual subject to the waiver, and the Procurement Policy
16Board, and the Commission on Equity and Inclusion. The
17Executive Ethics Commission shall also provide public notice of
18the date, time, and location of the hearing on its website. If
19the Commission grants an exemption, the exemption is effective
20only if it is filed with the Secretary of State and the
21Comptroller prior to the execution of any contract and includes
22a statement setting forth the name of the individual and all
23the pertinent facts that would make that Section applicable,
24setting forth the reason for the exemption, and declaring the
25individual exempted from that Section. Notice of each exemption

 

 

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1shall be published in the Illinois Procurement Bulletin. A
2contract for which a waiver has been issued but has not been
3filed in accordance with this Section is voidable by the State.
4The changes to this Section made by this amendatory Act of the
596th General Assembly shall apply to exemptions granted on or
6after its effective date.
7(Source: P.A. 98-1076, eff. 1-1-15.)
 
8    (30 ILCS 500/50-35)
9    Sec. 50-35. Financial disclosure and potential conflicts
10of interest.
11    (a) All bids and offers from responsive bidders, offerors,
12vendors, or contractors with an annual value of more than
13$50,000, and all submissions to a vendor portal, shall be
14accompanied by disclosure of the financial interests of the
15bidder, offeror, potential contractor, or contractor and each
16subcontractor to be used. In addition, all subcontracts
17identified as provided by Section 20-120 of this Code with an
18annual value of more than $50,000 shall be accompanied by
19disclosure of the financial interests of each subcontractor.
20The financial disclosure of each successful bidder, offeror,
21potential contractor, or contractor and its subcontractors
22shall be incorporated as a material term of the contract and
23shall become part of the publicly available contract or
24procurement file maintained by the appropriate chief
25procurement officer. Each disclosure under this Section shall

 

 

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1be signed and made under penalty of perjury by an authorized
2officer or employee on behalf of the bidder, offeror, potential
3contractor, contractor, or subcontractor, and must be filed
4with the Procurement Policy Board and the Commission on Equity
5and Inclusion.
6    (b) Disclosure shall include any ownership or distributive
7income share that is in excess of 5%, or an amount greater than
860% of the annual salary of the Governor, of the disclosing
9entity or its parent entity, whichever is less, unless the
10bidder, offeror, potential contractor, contractor, or
11subcontractor (i) is a publicly traded entity subject to
12Federal 10K reporting, in which case it may submit its 10K
13disclosure in place of the prescribed disclosure, or (ii) is a
14privately held entity that is exempt from Federal 10k reporting
15but has more than 100 shareholders, in which case it may submit
16the information that Federal 10k reporting companies are
17required to report under 17 CFR 229.401 and list the names of
18any person or entity holding any ownership share that is in
19excess of 5% in place of the prescribed disclosure. The form of
20disclosure shall be prescribed by the applicable chief
21procurement officer and must include at least the names,
22addresses, and dollar or proportionate share of ownership of
23each person identified in this Section, their instrument of
24ownership or beneficial relationship, and notice of any
25potential conflict of interest resulting from the current
26ownership or beneficial relationship of each individual

 

 

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1identified in this Section having in addition any of the
2following relationships:
3        (1) State employment, currently or in the previous 3
4    years, including contractual employment of services.
5        (2) State employment of spouse, father, mother, son, or
6    daughter, including contractual employment for services in
7    the previous 2 years.
8        (3) Elective status; the holding of elective office of
9    the State of Illinois, the government of the United States,
10    any unit of local government authorized by the Constitution
11    of the State of Illinois or the statutes of the State of
12    Illinois currently or in the previous 3 years.
13        (4) Relationship to anyone holding elective office
14    currently or in the previous 2 years; spouse, father,
15    mother, son, or daughter.
16        (5) Appointive office; the holding of any appointive
17    government office of the State of Illinois, the United
18    States of America, or any unit of local government
19    authorized by the Constitution of the State of Illinois or
20    the statutes of the State of Illinois, which office
21    entitles the holder to compensation in excess of expenses
22    incurred in the discharge of that office currently or in
23    the previous 3 years.
24        (6) Relationship to anyone holding appointive office
25    currently or in the previous 2 years; spouse, father,
26    mother, son, or daughter.

 

 

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1        (7) Employment, currently or in the previous 3 years,
2    as or by any registered lobbyist of the State government.
3        (8) Relationship to anyone who is or was a registered
4    lobbyist in the previous 2 years; spouse, father, mother,
5    son, or daughter.
6        (9) Compensated employment, currently or in the
7    previous 3 years, by any registered election or re-election
8    committee registered with the Secretary of State or any
9    county clerk in the State of Illinois, or any political
10    action committee registered with either the Secretary of
11    State or the Federal Board of Elections.
12        (10) Relationship to anyone; spouse, father, mother,
13    son, or daughter; who is or was a compensated employee in
14    the last 2 years of any registered election or re-election
15    committee registered with the Secretary of State or any
16    county clerk in the State of Illinois, or any political
17    action committee registered with either the Secretary of
18    State or the Federal Board of Elections.
19    (b-1) The disclosure required under this Section must also
20include the name and address of each lobbyist required to
21register under the Lobbyist Registration Act and other agent of
22the bidder, offeror, potential contractor, contractor, or
23subcontractor who is not identified under subsections (a) and
24(b) and who has communicated, is communicating, or may
25communicate with any State officer or employee concerning the
26bid or offer. The disclosure under this subsection is a

 

 

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1continuing obligation and must be promptly supplemented for
2accuracy throughout the process and throughout the term of the
3contract if the bid or offer is successful.
4    (b-2) The disclosure required under this Section must also
5include, for each of the persons identified in subsection (b)
6or (b-1), each of the following that occurred within the
7previous 10 years: suspension or debarment from contracting
8with any governmental entity; professional licensure
9discipline; bankruptcies; adverse civil judgments and
10administrative findings; and criminal felony convictions. The
11disclosure under this subsection is a continuing obligation and
12must be promptly supplemented for accuracy throughout the
13process and throughout the term of the contract if the bid or
14offer is successful.
15    (c) The disclosure in subsection (b) is not intended to
16prohibit or prevent any contract. The disclosure is meant to
17fully and publicly disclose any potential conflict to the chief
18procurement officers, State purchasing officers, their
19designees, and executive officers so they may adequately
20discharge their duty to protect the State.
21    (d) When a potential for a conflict of interest is
22identified, discovered, or reasonably suspected, the chief
23procurement officer or State procurement officer shall send the
24contract to the Procurement Policy Board and the Commission on
25Equity and Inclusion. In accordance with the objectives of
26subsection (c), if the Procurement Policy Board or the

 

 

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1Commission on Equity and Inclusion finds evidence of a
2potential conflict of interest not originally disclosed by the
3bidder, offeror, potential contractor, contractor, or
4subcontractor, the Board or the Commission on Equity and
5Inclusion shall provide written notice to the bidder, offeror,
6potential contractor, contractor, or subcontractor that is
7identified, discovered, or reasonably suspected of having a
8potential conflict of interest. The bidder, offeror, potential
9contractor, contractor, or subcontractor shall have 15
10calendar days to respond in writing to the Board or the
11Commission on Equity and Inclusion, and a hearing before the
12Board or the Commission on Equity and Inclusion will be granted
13upon request by the bidder, offeror, potential contractor,
14contractor, or subcontractor, at a date and time to be
15determined by the Board or the Commission on Equity and
16Inclusion, but which in no event shall occur later than 15
17calendar days after the date of the request. Upon
18consideration, the Board or the Commission on Equity and
19Inclusion shall recommend, in writing, whether to allow or void
20the contract, bid, offer, or subcontract weighing the best
21interest of the State of Illinois. All recommendations shall be
22submitted to the Executive Ethics Commission. The Executive
23Ethics Commission must hold a public hearing within 30 calendar
24days after receiving the Board's or the Commission on Equity
25and Inclusion's recommendation if the Procurement Policy Board
26or the Commission on Equity and Inclusion makes a

 

 

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1recommendation to (i) void a contract or (ii) void a bid or
2offer and the chief procurement officer selected or intends to
3award the contract to the bidder, offeror, or potential
4contractor. A chief procurement officer is prohibited from
5awarding a contract before a hearing if the Board or the
6Commission on Equity and Inclusion recommendation does not
7support a bid or offer. The recommendation and proceedings of
8any hearing, if applicable, shall be available to the public.
9    (e) These thresholds and disclosure do not relieve the
10chief procurement officer, the State purchasing officer, or
11their designees from reasonable care and diligence for any
12contract, bid, offer, or submission to a vendor portal. The
13chief procurement officer, the State purchasing officer, or
14their designees shall be responsible for using any reasonably
15known and publicly available information to discover any
16undisclosed potential conflict of interest and act to protect
17the best interest of the State of Illinois.
18    (f) Inadvertent or accidental failure to fully disclose
19shall render the contract, bid, offer, proposal, subcontract,
20or relationship voidable by the chief procurement officer if he
21or she deems it in the best interest of the State of Illinois
22and, at his or her discretion, may be cause for barring from
23future contracts, bids, offers, proposals, subcontracts, or
24relationships with the State for a period of up to 2 years.
25    (g) Intentional, willful, or material failure to disclose
26shall render the contract, bid, offer, proposal, subcontract,

 

 

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1or relationship voidable by the chief procurement officer if he
2or she deems it in the best interest of the State of Illinois
3and shall result in debarment from future contracts, bids,
4offers, proposals, subcontracts, or relationships for a period
5of not less than 2 years and not more than 10 years.
6Reinstatement after 2 years and before 10 years must be
7reviewed and commented on in writing by the Governor of the
8State of Illinois, or by an executive ethics board or
9commission he or she might designate. The comment shall be
10returned to the responsible chief procurement officer who must
11rule in writing whether and when to reinstate.
12    (h) In addition, all disclosures shall note any other
13current or pending contracts, bids, offers, proposals,
14subcontracts, leases, or other ongoing procurement
15relationships the bidder, offeror, potential contractor,
16contractor, or subcontractor has with any other unit of State
17government and shall clearly identify the unit and the
18contract, offer, proposal, lease, or other relationship.
19    (i) The bidder, offeror, potential contractor, or
20contractor has a continuing obligation to supplement the
21disclosure required by this Section throughout the bidding
22process during the term of any contract, and during the vendor
23portal registration process.
24(Source: P.A. 97-490, eff. 8-22-11; 97-895, eff. 8-3-12;
2598-1076, eff. 1-1-15.)
 

 

 

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1    Section 115-130. The Business Enterprise for Minorities,
2Women, and Persons with Disabilities Act is amended by changing
3Sections 2, 4, 4f, 5, 7, and 8 and by adding Section 5.5 as
4follows:
 
5    (30 ILCS 575/2)
6    (Section scheduled to be repealed on June 30, 2024)
7    Sec. 2. Definitions.
8    (A) For the purpose of this Act, the following terms shall
9have the following definitions:
10        (1) "Minority person" shall mean a person who is a
11    citizen or lawful permanent resident of the United States
12    and who is any of the following:
13            (a) American Indian or Alaska Native (a person
14        having origins in any of the original peoples of North
15        and South America, including Central America, and who
16        maintains tribal affiliation or community attachment).
17            (b) Asian (a person having origins in any of the
18        original peoples of the Far East, Southeast Asia, or
19        the Indian subcontinent, including, but not limited
20        to, Cambodia, China, India, Japan, Korea, Malaysia,
21        Pakistan, the Philippine Islands, Thailand, and
22        Vietnam).
23            (c) Black or African American (a person having
24        origins in any of the black racial groups of Africa).
25            (d) Hispanic or Latino (a person of Cuban, Mexican,

 

 

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1        Puerto Rican, South or Central American, or other
2        Spanish culture or origin, regardless of race).
3            (e) Native Hawaiian or Other Pacific Islander (a
4        person having origins in any of the original peoples of
5        Hawaii, Guam, Samoa, or other Pacific Islands).
6        (2) "Woman" shall mean a person who is a citizen or
7    lawful permanent resident of the United States and who is
8    of the female gender.
9        (2.05) "Person with a disability" means a person who is
10    a citizen or lawful resident of the United States and is a
11    person qualifying as a person with a disability under
12    subdivision (2.1) of this subsection (A).
13        (2.1) "Person with a disability" means a person with a
14    severe physical or mental disability that:
15            (a) results from:
16            amputation,
17            arthritis,
18            autism,
19            blindness,
20            burn injury,
21            cancer,
22            cerebral palsy,
23            Crohn's disease,
24            cystic fibrosis,
25            deafness,
26            head injury,

 

 

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1            heart disease,
2            hemiplegia,
3            hemophilia,
4            respiratory or pulmonary dysfunction,
5            an intellectual disability,
6            mental illness,
7            multiple sclerosis,
8            muscular dystrophy,
9            musculoskeletal disorders,
10            neurological disorders, including stroke and
11        epilepsy,
12            paraplegia,
13            quadriplegia and other spinal cord conditions,
14            sickle cell anemia,
15            ulcerative colitis,
16            specific learning disabilities, or
17            end stage renal failure disease; and
18            (b) substantially limits one or more of the
19        person's major life activities.
20        Another disability or combination of disabilities may
21    also be considered as a severe disability for the purposes
22    of item (a) of this subdivision (2.1) if it is determined
23    by an evaluation of rehabilitation potential to cause a
24    comparable degree of substantial functional limitation
25    similar to the specific list of disabilities listed in item
26    (a) of this subdivision (2.1).

 

 

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1        (3) "Minority-owned business" means a business which
2    is at least 51% owned by one or more minority persons, or
3    in the case of a corporation, at least 51% of the stock in
4    which is owned by one or more minority persons; and the
5    management and daily business operations of which are
6    controlled by one or more of the minority individuals who
7    own it.
8        (4) "Women-owned business" means a business which is at
9    least 51% owned by one or more women, or, in the case of a
10    corporation, at least 51% of the stock in which is owned by
11    one or more women; and the management and daily business
12    operations of which are controlled by one or more of the
13    women who own it.
14        (4.1) "Business owned by a person with a disability"
15    means a business that is at least 51% owned by one or more
16    persons with a disability and the management and daily
17    business operations of which are controlled by one or more
18    of the persons with disabilities who own it. A
19    not-for-profit agency for persons with disabilities that
20    is exempt from taxation under Section 501 of the Internal
21    Revenue Code of 1986 is also considered a "business owned
22    by a person with a disability".
23        (4.2) "Council" means the Business Enterprise Council
24    for Minorities, Women, and Persons with Disabilities
25    created under Section 5 of this Act.
26        (4.3) "Commission" means, unless the context clearly

 

 

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1    indicates otherwise, the Commission on Equity and
2    Inclusion created under the Commission on Equity and
3    Inclusion Act.
4        (5) "State contracts" means all contracts entered into
5    by the State, any agency or department thereof, or any
6    public institution of higher education, including
7    community college districts, regardless of the source of
8    the funds with which the contracts are paid, which are not
9    subject to federal reimbursement. "State contracts" does
10    not include contracts awarded by a retirement system,
11    pension fund, or investment board subject to Section
12    1-109.1 of the Illinois Pension Code. This definition shall
13    control over any existing definition under this Act or
14    applicable administrative rule.
15        "State construction contracts" means all State
16    contracts entered into by a State agency or public
17    institution of higher education for the repair,
18    remodeling, renovation or construction of a building or
19    structure, or for the construction or maintenance of a
20    highway defined in Article 2 of the Illinois Highway Code.
21        (6) "State agencies" shall mean all departments,
22    officers, boards, commissions, institutions and bodies
23    politic and corporate of the State, but does not include
24    the Board of Trustees of the University of Illinois, the
25    Board of Trustees of Southern Illinois University, the
26    Board of Trustees of Chicago State University, the Board of

 

 

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1    Trustees of Eastern Illinois University, the Board of
2    Trustees of Governors State University, the Board of
3    Trustees of Illinois State University, the Board of
4    Trustees of Northeastern Illinois University, the Board of
5    Trustees of Northern Illinois University, the Board of
6    Trustees of Western Illinois University, municipalities or
7    other local governmental units, or other State
8    constitutional officers.
9        (7) "Public institutions of higher education" means
10    the University of Illinois, Southern Illinois University,
11    Chicago State University, Eastern Illinois University,
12    Governors State University, Illinois State University,
13    Northeastern Illinois University, Northern Illinois
14    University, Western Illinois University, the public
15    community colleges of the State, and any other public
16    universities, colleges, and community colleges now or
17    hereafter established or authorized by the General
18    Assembly.
19        (8) "Certification" means a determination made by the
20    Council or by one delegated authority from the Council to
21    make certifications, or by a State agency with statutory
22    authority to make such a certification, that a business
23    entity is a business owned by a minority, woman, or person
24    with a disability for whatever purpose. A business owned
25    and controlled by women shall be certified as a
26    "woman-owned business". A business owned and controlled by

 

 

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1    women who are also minorities shall be certified as both a
2    "women-owned business" and a "minority-owned business".
3        (9) "Control" means the exclusive or ultimate and sole
4    control of the business including, but not limited to,
5    capital investment and all other financial matters,
6    property, acquisitions, contract negotiations, legal
7    matters, officer-director-employee selection and
8    comprehensive hiring, operating responsibilities,
9    cost-control matters, income and dividend matters,
10    financial transactions and rights of other shareholders or
11    joint partners. Control shall be real, substantial and
12    continuing, not pro forma. Control shall include the power
13    to direct or cause the direction of the management and
14    policies of the business and to make the day-to-day as well
15    as major decisions in matters of policy, management and
16    operations. Control shall be exemplified by possessing the
17    requisite knowledge and expertise to run the particular
18    business and control shall not include simple majority or
19    absentee ownership.
20        (10) "Business" means a business that has annual gross
21    sales of less than $75,000,000 as evidenced by the federal
22    income tax return of the business. A firm with gross sales
23    in excess of this cap may apply to the Council for
24    certification for a particular contract if the firm can
25    demonstrate that the contract would have significant
26    impact on businesses owned by minorities, women, or persons

 

 

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1    with disabilities as suppliers or subcontractors or in
2    employment of minorities, women, or persons with
3    disabilities.
4        (11) "Utilization plan" means a form and additional
5    documentations included in all bids or proposals that
6    demonstrates a vendor's proposed utilization of vendors
7    certified by the Business Enterprise Program to meet the
8    targeted goal. The utilization plan shall demonstrate that
9    the Vendor has either: (1) met the entire contract goal or
10    (2) requested a full or partial waiver and made good faith
11    efforts towards meeting the goal.
12        (12) "Business Enterprise Program" means the Business
13    Enterprise Program of the Department of Central Management
14    Services.
15    (B) When a business is owned at least 51% by any
16combination of minority persons, women, or persons with
17disabilities, even though none of the 3 classes alone holds at
18least a 51% interest, the ownership requirement for purposes of
19this Act is considered to be met or in excess of the entire
20contract goal. The certification category for the business is
21that of the class holding the largest ownership interest in the
22business. If 2 or more classes have equal ownership interests,
23the certification category shall be determined by the business.
24(Source: P.A. 100-391, eff. 8-25-17; 101-601, eff. 1-1-20.)
 
25    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)

 

 

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1    (Section scheduled to be repealed on June 30, 2024)
2    Sec. 4. Award of State contracts.
3    (a) Except as provided in subsection (b), not less than 20%
4of the total dollar amount of State contracts, as defined by
5the Secretary of the Council and approved by the Council, shall
6be established as an aspirational goal to be awarded to
7businesses owned by minorities, women, and persons with
8disabilities; provided, however, that of the total amount of
9all State contracts awarded to businesses owned by minorities,
10women, and persons with disabilities pursuant to this Section,
11contracts representing at least 11% shall be awarded to
12businesses owned by minorities, contracts representing at
13least 7% shall be awarded to women-owned businesses, and
14contracts representing at least 2% shall be awarded to
15businesses owned by persons with disabilities.
16    The above percentage relates to the total dollar amount of
17State contracts during each State fiscal year, calculated by
18examining independently each type of contract for each agency
19or public institutions of higher education which lets such
20contracts. Only that percentage of arrangements which
21represents the participation of businesses owned by
22minorities, women, and persons with disabilities on such
23contracts shall be included. State contracts subject to the
24requirements of this Act shall include the requirement that
25only expenditures to businesses owned by minorities, women, and
26persons with disabilities that perform a commercially useful

 

 

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1function may be counted toward the goals set forth by this Act.
2Contracts shall include a definition of "commercially useful
3function" that is consistent with 49 CFR 26.55(c).
4    (b) Not less than 20% of the total dollar amount of State
5construction contracts is established as an aspirational goal
6to be awarded to businesses owned by minorities, women, and
7persons with disabilities; provided that, contracts
8representing at least 11% of the total dollar amount of State
9construction contracts shall be awarded to businesses owned by
10minorities; contracts representing at least 7% of the total
11dollar amount of State construction contracts shall be awarded
12to women-owned businesses; and contracts representing at least
132% of the total dollar amount of State construction contracts
14shall be awarded to businesses owned by persons with
15disabilities.
16    (c) (Blank).
17    (d) Within one year after April 28, 2009 (the effective
18date of Public Act 96-8), the Department of Central Management
19Services shall conduct a social scientific study that measures
20the impact of discrimination on minority and women business
21development in Illinois. Within 18 months after April 28, 2009
22(the effective date of Public Act 96-8), the Department shall
23issue a report of its findings and any recommendations on
24